(영문) 전주지방법원 2020.09.17 2020고단389

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(영문) 전주지방법원 2020.09.17 2020고단389

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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The punishment of defendants shall be two years.

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

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was driven on January 3, 2020 by 0.104% of blood alcohol level while driving a BK7 car under the influence of alcohol level around 20:30, and driving a two-lane road in front of the BK7 car at the time of Jeonju City to the E-Korean Police Agency for the E-Korean E-Korean Grand Park at the direction of the former North Korean Police Agency.

D and Dong winners F (n. 29 years old), approximately 3 weeks old, G (7 years old), and H (2 years old) suffered suffering from brain finites, etc., where there are no one in two open for treatment for approximately 2 weeks.

The Defendant driven a motor vehicle in such a situation that it is difficult to drive the motor vehicle normally due to the influence of alcohol and caused the injury of the victim D, F, G, and H.

2. On June 5, 2018, the Defendant was issued a summary order of KRW 4 million by the Jeonju District Court for the crime of violating the Road Traffic Act.

The Defendant driven B K7 car under the influence of alcohol concentration of 0.104% in the section of approximately 2 km from the “J” in front of the YU-gu Seoul Special Metropolitan City of the date and time set forth in paragraph (1) to the front of the Gu C building.

The Defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on traffic accidents and a report on actual condition;

1. Notification of the control of drinking driving;

1. A report on whether to drive any dangerous motor vehicle;

1. A medical certificate (D, F, G, and H);

1. Application of Acts and subordinate statutes to investigation reports on criminal records, etc. (A) and criminal records, etc.;

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;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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