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(영문) 수원지방법원 2020.04.10 2019고단7191
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On June 21, 2012, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with prison labor for a crime of violation of the Road Traffic Act (driving) in the application of the Gwangju District Court.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B Belgium car.

On October 24, 2019, the Defendant was under the influence of alcohol 0.21% of the blood alcohol concentration at around 23:20, while driving the said vehicle and driving the said vehicle before C before the Osan City, and was unable to accurately operate the steering direction and operation mechanism for the undertake of alcohol, thereby receiving the back portion of the Victim D(56) Eth Ethp Motor Vehicle driven at the front line of the Defendant’s driving direction.

As a result, the Defendant driving the Belgium car in the situation where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as light salt, which requires approximately two weeks of medical treatment, to the above victim.

2. The Defendant violated the Road Traffic Act (driving) driving a B Belgium car under the influence of alcohol content of 0.211% at the time and time set forth in paragraph (1) of this Article, and at the 20-meter section of the adjacent road of Osan City, Osan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on internal investigation (a medical certificate of injury of a victim);

1. Reports on traffic accidents (1) a report on actual condition, reports on the occurrence of traffic accidents, and reports on the results of the regulation of drinking driving;

1. Previous records: The application of inquiry reports on criminal records, etc. and investigation reports (Attachment to judgments on criminal records of driving sound);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for the Crime and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the provision of indictment is applied to the crime, and Article 148-2 (1) of the Road Traffic Act appears to be erroneous.

Article 44(1)(the point of driving sound and the choice of imprisonment)

1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

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