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(영문) 수원지방법원 2020.04.02 2019고단7701
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in driving a car B i30.

On November 1, 2019, at around 22:30, the Defendant driven the said car with a blood alcohol level of 0.206% 0.20%, and pushed down the center line while driving at the Cdong Office the 51-lane 51 speed from the Cdong Office to D elementary school at the location of the Cdong Office, while driving the said car at the speed of 0.20%, the Defendant was faced with the center line. On the other hand, the Defendant was driven by the driver in front of the left-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-on vehicle of the victim E(58 years old) who was

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim E, such as brain salvy in need of treatment for about two weeks, and injury to the victim G (V, 55 years old), who was on board the said freight vehicle, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, field photographs, circumstantial statements of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime (the point of running a sound driving) of the relevant Act;

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

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the grounds of sentencing of Article 62-2 of the Criminal Act on the grounds of the provision of community service and the order to attend lectures was committed by the defendant while driving under the influence of alcohol, causing traffic accidents, and the degree of blood alcohol level is very high and thus, the responsibility for such crime is not easy.

However, the defendant reflects the error, and the vehicles in the current year are covered by the comprehensive insurance.

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