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(영문) 춘천지방법원영월지원 2020.12.15 2020고단491
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 for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On November 13, 2006, the Defendant was issued a summary order of KRW 80,000,000 as a crime of violation of the Road Traffic Act in the Changwon District Court's Jinju branch.

【Criminal Facts】

1. Around 18:40 on August 21, 2020, the Defendant driven a D-wing truck under the influence of alcohol concentration of about 0.276% at the section of about 5km from the front of Young-gun, Gangwon-gun, to the front of C, while driving a D-wing truck under the influence of alcohol concentration of about 0.276%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) is a person engaged in driving freight cars;

On August 21, 2020, the Defendant driving the above cargo vehicle at around 18:40, while proceeding with a local road of 82 in the vicinity C of the Gangwon-gun in the parallel of the parallel of the parallel of the truck of the truck of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger of the passenger.

The Defendant driven the above wing and cargo vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as the right-hand pelle, which requires medical treatment for about 14 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report, traffic accident report, on-site photograph, report on 112, report on processing of a case, image photograph, appraisal report, investigation report (victim E-mail statement), investigation report (water play safety personnel G telephone statement), and diagnosis report;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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