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(영문) 전주지방법원 2020.07.22 2020고단182
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

1. Around 02:30 on September 12, 2019, the Defendant driven a DNA horse with a blood alcohol concentration of at least 0.10% from the 4km section from the front of the C dormitory located in Chungcheongnam-gu Seoul Special Metropolitan City B to the front of the Automatic North Korean Office Building distance in the Jeonjin-gu Seoul Special Metropolitan City.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) is a person engaging in driving a car at D horse.

While the Defendant was under the influence of alcohol level of 0.10% at the above time and was driving the said horse friend car in front of the previous North Korean Provincial Police Agency and driving the intersection from the front of the previous North Korean Provincial Police Agency to the efficial zone, the Defendant was under the front direction of the Defendant’s proceeding and was under the front part of the U.S. car driven by the victim E (the age of 36) who was under the atmosphere to turn to the left at the left.

After all, the Defendant, while driving a car on the horse which is difficult to drive normally due to the influence of drinking, suffered injury to the victim, such as brain-dead in which there are no open two shops for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A survey report, photograph, and medical certificate on actual condition;

1. Application of Acts and subordinate statutes to reports on the statement of the state of the driver, and reports on whether to drive any danger;

1. Relevant Article of the Act on the Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the former part of Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) and each of imprisonment options with prison labor;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: Accidents that are significantly high in blood alcohol concentration and that are favorable to the victim due to the occurrence of the accident:

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