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(영문) 전주지방법원 2020.10.29 2020고단762
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The punishment of defendants shall be one year and three months.

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. Around 19:00 on March 12, 2020, the Defendant driven a e-learning car under the influence of alcohol with a degree of about 0.128% alcohol concentration in the section of approximately 1km from the day before the Yansan-gu B market near the Yansan-gu Seoul Special Metropolitan City to the day before the D located in the same Gu C.

2. On March 12, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven a frighting car under the influence of alcohol level of 0.128% on blood alcohol level on March 12, 202 and led the Defendant to drive the frighting car at the front city C and the front intersection F apartment room at the speed that cannot be known to Gmatet room at the front city.

Under the influence of alcohol, the Defendant did not properly perform his duty of care to prevent accidents by properly manipulating and safely driving the steering gear, brakes, etc. of a vehicle, without complying with the duty of care to prevent accidents due to the failure to operate the steering gear. The Defendant was in front of the Defendant’s vehicle. The Defendant was in front of the Defendant’s vehicle, and the Defendant was in front of the first driver’s seat of the vehicle driven by H (W, 53 years old) who was directly under the B market room on the Gmast room and was driven by H (W, 53 years old).

H and the same passenger of the same vehicle, J (J, 53 years old) suffered from the upper conditions, such as catum and scatum salt, in need of treatment for about two weeks.

The Defendant driven a motor vehicle in a situation where normal driving is difficult due to this influence of drinking, thereby causing the injury of the victim H and J.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A traffic accident report;

1. Notification of the control of drinking driving;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 2 and Article 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, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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