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(영문) 춘천지방법원강릉지원 2020.10.16 2020고단553
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On May 23, 2012, the Defendant issued each summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court on May 23, 2012, and the same court on December 17, 2014.

1. On June 13, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) was driving at around 00:00, the blood alcohol level of 0.183% and was driving at the right side of the bus terminal where it was difficult to drive normally, and was driving at the right side of the bus terminal in front of Gangnam-si, and was driving at the right side of the bus terminal where he was in front of the drive, without properly examining the front side and the right side of the bus, and was driving at the right side of the victim D (the 35 years old) who was driving at the above intersection due to the occupational negligence, without finding the Enibus vehicle under the above intersection, and was driving at the right side of the automobile of the Defendant, and caused the victim to suffer the injury of the luctor and the tension that need to be treated for about 2 weeks.

2. Around 00:00 on June 13, 2020, the Defendant driven the frighting car under the influence of alcohol concentration of about 0.183% from around the restaurant of “G” located in Gangnam-si F to the front road of Gangseo-si, Gangnam-si, whereas driving the frighting car at about 19km.

Summary of Evidence

1. Statement of the police on the defendant's legal statement D, notification of the result of the drinking operation control, and report on the situation of the drinking driver;

1. A traffic accident report, on-site photographs, video CDs, and closure photographs;

1. Previous records of judgment: Criminal records, reply reports and the application of Acts and subordinate statutes to investigation reports;

1. Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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