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(영문) 광주지방법원 2020.08.27 2020고단2754
특수상해등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 23:25 on May 19, 2020, the Defendant, while under the influence of alcohol at 0.108%, driven a D-crick-type car over approximately 3.7 km from the front day of the “C” week located in B in Gwangju Northern-gu, Gwangju Northern-gu, to the front day of the 257 U.K., Gwangju Northern-do.

2. On May 19, 2020, the Defendant: (a) around 23:25, as northwest-gu, Gwangju Northern-gu; (b) around the 257 crosswalk, while under the influence of alcohol concentration of 0.108%, operated a DNA cruise car while driving the two-lane of the said road; (c) on the wind that the victim E (the age of 63) changed to three lanes, the Defendant saw against the fk 5 taxi and the side by the victim E (the age of 63).

Therefore, the victim, who gets off from the taxi, putting the head into the front window of the defendant's car operation and gets off the accident, putting the victim into the front window, and putting about 30 meters from the front window to the front window, caused the victim's injury to the victim by using a dangerous vehicle, which is a dangerous object, such as about 2 weeks of treatment.

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Application of the Acts and subordinate statutes governing victim diagnostic boxes and video CDs;

1. Selection of imprisonment with prison labor for a crime of violation of the Road Traffic Act by choice of the punishment under Article 258-2 (1), Article 257 (1) (the point of special injury), Article 148-2 (3) 2, or Article 44 (1) (the point of sound driving) of the Road Traffic Act concerning the relevant criminal facts;

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 reason for sentencing of Article 62-2 of the Criminal Act is that the defendant is driving under drinking.

Abrupted situations that cause traffic accidents have been raised, and they have been resisted.

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