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(영문) 춘천지방법원강릉지원 2020.12.11 2020고단755
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four 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

1. On July 20, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) caused the victim’s injury to the victim F (the South, 48 years old) who entered the said intersection from E to E by negligence in the course of business entering the intersection in violation of the red signals signals and the left turn, while driving the B 2 truck with blood alcohol level of at least 0.119% and driving it normally difficult due to influence of drinking, and driving it at the 0.119% at the same time, and driving it into D with the direction of the chill-si.

2. On January 19, 2017, the Defendant was under the influence of having received a summary order of KRW 4 million with a fine of KRW 1 million for a crime of violating the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on the ground of the violation of the Road Traffic Act ( sound driving). However, around 11:00 on July 20, 2020, the Defendant driven the above cargo while under the influence of alcohol of KRW 0.119% with a blood alcohol level from the Cheongcheon Park in the Cheongcheon-si to the roads of Gangnam-si C.

Summary of Evidence

1. Defendant's legal statement, report on the results of the drinking driving control, and report on internal investigation of his/her circumstantial statement (victim F telephone conversations);

1. A traffic accident report, on-site photograph, and a medical certificate of image images of a damaged vehicle;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

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 and the choice of imprisonment for a crime;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to an aggravated punishment for concurrent crimes resulting from a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment, but the lower limit of the punishment shall be determined by the Road Traffic Act);

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