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(영문) 광주지방법원 순천지원 2021.03.25 2020고단2769
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

except that the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a car with B free will.

On September 28, 2020, the Defendant driven the said car while under the influence of alcohol level of 0.213% in the vicinity of the Round of the official playground in the Namnam-gu, Seoul Special Metropolitan City on September 15:17, 2020, and led the Defendant to a breath of the mouth in the face of the West-si.

Since there is a road intersection where traffic is frequent, there was a duty of care to prevent accidents in advance by checking whether a person engaged in driving service has first entered the road by reducing speed and checking well the front side of the road, and driving safely.

Nevertheless, the Defendant: (a) was negligent by the Defendant’s entry into the intersection through which the victim C ( South, 55 years old) who had entered the intersection through which he was under the influence of alcohol and was under the influence of alcohol, by neglecting to drive normally in the state of difficult walking due to influence of alcohol, such as the long distance of the walk; and (b) was first driven by the victim C (the victim South, 55 years old) who was under the influence of the said vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as cerebral leins which do not have any wife in two open for about two weeks.

Summary of Evidence

1. A written statement of the defendant C in his/her legal statement:

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

1. Application of Acts and subordinate statutes to a written diagnosis of regulations on drinking driving;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Mitigation of Aggravation of Concurrent Crimes, Articles 53 and 55(1)3 of the same Act;

1. The defendant, on the grounds of sentencing under Article 62(1) of the Criminal Act, is in the status of detention.

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