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(영문) 춘천지방법원강릉지원 2020.11.20 2020고단589
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 14, 2009, the defendant was issued a summary order of KRW 5 million due to the violation of the Road Traffic Act in the Gangseo branch court of the Chuncheon District Court on April 14, 2009.

1. On April 2, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (the Defendant), while driving a B QM5 car at around 0.223% in a state that blood alcohol level became difficult to drive normally due to the influence of drinking, and driving it on the road front of the building B QM5 on the inside of the mouth in the mouth of the river, due to negligence in the course of performing duties where he neglected the front of the road and did not properly operate the brake system, and due to negligence in the course of duties where the victim D (n, e.g., the age of 59) driven in the front of QM5 car was received from the victim F (the age of 58) who was the passenger of QM5 car, and caused the victim F (the age of 58) to suffer from the injury, such as the catum d and tension in need of each two weeks medical treatment.

2. On the same date as paragraph (1) of the Road Traffic Act, the Defendant: (a) driven the said QM5 vehicle under the influence of alcohol concentration of about 0.223% from the front of the G building in Gangseo-si to the front of the G building in Gangnam-si; (b) while under the influence of alcohol leveling to about 3.5 km.

Summary of Evidence

1. Notification of the defendant's legal statement D's results of the drinking driving control, report on internal investigation of the circumstantial statement of the drinking driver (Attachment of a medical certificate);

1. The actual condition survey report and photographs of the accident site;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (reports accompanied by summary orders of the same kind of power of a suspect) Acts and subordinate statutes;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) concerning the crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of driving while driving a motor vehicle) concerning the crime;

1. The punishment provided for in Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the punishment provided for in crimes against D with heavy crimes between the crimes of causing bodily injury resulting from dangerous driving) shall be imposed;

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