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(영문) 춘천지방법원강릉지원 2020.11.27 2020고단849
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 December 18, 2013, the defendant is a person who has been sentenced to 6 months of imprisonment with prison labor and one year of suspended execution for violating the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on December 18, 2013 and has three times of the same kind of drinking driving.

1. Around 02:55 on August 16, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (the Defendant), while driving a knive motor vehicle with blood alcohol concentration of 0.187% in a state where normal driving is difficult due to influence of drinking, and driving the knive road in front of C at the port of the Dong Sea with an implied light gate from the surface of the gnick Dong-dong, he neglected his duty of care to prevent the accident by accurately operating the steering gear and operating the steering gear at the port of the Dong, thereby neglecting his duty of care to prevent the accident by driving the steering gear at the center of the household, and caused the victim D (the 35-year-old driving) (the knevis) to suffer from the victim D (the knevise to the left part of the knive line of the knife to the direction of driving the vehicle.

2. Around 02:55 on August 16, 2020, the Defendant violated the Road Traffic Act (driving) driven a vehicle with the highest alcohol level of about 700 meters from the front day of the H main in G in the East Sea to the front day of the East Sea, while under the influence of alcohol level of about 0.187%.

Summary of Evidence

1. The defendant's legal statement D's oral statement, the report on the circumstantial driver's statement, the appraisal statement, and the internal investigation report (with respect to the suspect's blood alcohol concentration at the time of the accident);

1. A survey report on actual condition and a written diagnosis of the scene of a traffic accident;

1. Previous records: Application of criminal records, inquiry reports, and records of the control of drinking driving-related Acts and subordinate statutes;

1. Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Act, and Articles 148-2(1) and 44 of the Road Traffic Act.

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