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(영문) 광주지방법원순천지원 2020.08.27 2020고단1197
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

On September 17, 2012, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Daegu District Court’s Port Branch.

The defendant is a person who is engaged in driving a Bran vehicle.

At around 22:35 on April 11, 2020, the Defendant, while drunk with a blood alcohol concentration of 0.161%, was unable to drive normally, such as a red and e-mail, on the left and right side, but the Defendant driven the said car and proceeded along the intersection of the front three distance of the D Company E in the lightyang City C along the e-mail from the e-mail from the e-mail from the e-mail from the e-mail from the e-mail from the e-mail.

Since the location is an intersection where signal apparatus is installed on the front side, the driver has a duty of care to live well on the front side and the right and the right, and to safely drive the steering and brakes while accurately operating them, and to prevent the accident from occurring.

Nevertheless, the Defendant, while under the influence of alcohol level of 0.161%, neglected to do so and proceeds in the front bank by negligence, received the back part of the Gamburged passenger vehicle operated by the Victim F (M. 61 years old) who was in the atmosphere of the signal in the front bank, from the front part of the franchise vehicle.

As a result, the Defendant violated the prohibition of drinking driving more than twice, and was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and the Defendant suffered the victim’s salt, tension, etc. for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. The circumstantial report;

1. A medical certificate;

1. Previous convictions in judgment: Criminal history records, reply reports, and the application of statutes of one copy of the above summary order;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) concerning criminal facts and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which a sentence is selected

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