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(영문) 대전지방법원 홍성지원 2020.02.05 2019고단768
특정범죄가중처벌등에관한법률위반(위험운전치상)등
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A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three 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 in a SP area B.

On August 13, 2019, at around 19:10, the Defendant driven the said car while under the influence of alcohol with 0.231% of alcohol concentration, and, at the same time, the Defendant driven the said car at the speed of 0.231%, the front one lane of the C in front of the Boli-si was driven at a speed of about 40km from the flow distance to the ethro-ray.

In this case, the driver of the vehicle has a duty of care to prevent the accident in advance by safely driving the front door and the left and the right of the driver of the vehicle.

Nevertheless, as such, the Defendant neglected this and was negligent in driving the center line under the influence of alcohol, and received the front portion of the victim D(39 years of age) driving on the right side from the left side of the driving direction to the right side of the car above the left side of the car in the Switzerland area.

As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, resulting in the victim's multiple telegraphs that need to be treated for about two weeks, and driving the motor vehicle above in a state of alcohol alcohol concentration 0.231% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the control of drinking driving;

1. Report on internal investigation (victim D telephone communications);

1. A investigative report (fabrics and TV images).

1. Application of Acts and subordinate statutes to report on investigation;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the relevant criminal facts, Article 148-2 (3) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act (the point of a drinking run);

1. Selection of each sentence of imprisonment;

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

1. Article 62(1) of the Criminal Act (see, e.g., Article 62(1)).

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