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(영문) 부산지방법원 서부지원 2021.01.21 2020고단2001
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

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

[Power of crime] On May 28, 2013, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) at the Busan District Court’s Dong Branch Branch Branch.

[Criminal facts]

1. Around 03:20 on July 11, 2020, the Defendant driven a DNA car under the influence of alcohol concentration of 0.144% from the day from July 11, 2020 to the end of the road located in Gangseo-gu Busan Gangseo-gu, Busan, to the end of the road located in Gangseo-gu, Busan.

2. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) on July 11, 2020, the Defendant driving a D car with alcohol content of 0.144% at around C in Busan Gangseo-gu around July 11, 2020, while driving a D car with alcohol content of 0.14% in front of C in Busan Gangseo-gu, and was parked in the opposite direction from the intersection of the signal, etc. to the intersection of the signal No. 21 to the intersection of the signal No. 1 signal, etc., and received the front portion of the F X-si Tra Tra Trak Cargo.

As a result, the defendant was injured by the victim G ( South, 43 years old) who was on board the vehicle by driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered from the injury of the victim G, who was on board the vehicle of the defendant, for about eight weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. A survey report on actual conditions;

1. On-site photographs;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Inquiries about the results of crackdown on drinking driving;

1. A medical certificate;

1. Investigation report (report on the situation of the driver in charge); and

1. Previous conviction: Application of a written inquiry and a separate summary order, such as criminal history, to the Acts and subordinate statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the fact that the crime is injured by the driving of danger, the choice of imprisonment), Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of drinking alcohol and the choice of imprisonment);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 of the Criminal Act:

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