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(영문) 춘천지방법원강릉지원 2020.12.11 2020고단894
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

1. Around July 27, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) caused the victim D (Nam, 47 years old) who was waiting for signal at the front part of the passenger vehicle at the front part of the passenger vehicle at the front part of the Cheong-dong Military Affairs Administration, while driving a vehicle with blood alcohol level of 0.148% and making it difficult to drive under normal conditions due to influence of drinking, and neglecting the duty of 2705 Gangwon-gu Military Affairs Administration in front of the intersection of the Cheong-dong Military Affairs Administration, Gangwon-do Military Affairs Administration, and caused the victim D (Seoul, 47 years old) to suffer from the injury of the victim D, who was waiting for signal at the front part of the passenger vehicle at the front part of the 2 weeks at the front part of the culp, and caused the victim D to receive approximately 2 weeks medical treatment and the injury of the culp, 79 years old and above 79 years old.

2. On the date and time stipulated in paragraph (1), the Defendant violated the Road Traffic Act: (a) driven the benz car at approximately 5km while under the influence of alcohol leveling 0.148% from the public parking lot in the front of Gangseo-si G apartment to the front of the Military Manpower Administration of Gangwon-gu Military Manpower Administration.

3. From around 09:00 on July 27, 2020 to around 11:47 of the same day, the Defendant was driving at approximately 90 km cars from the I parking lot located in Gangseo-si through the public parking lot in the front of Gangnam-si G apartment in Gangnam-si, Gangnam-si, which is about 2710 km-si, Gangwon Military Affairs Administration.

Summary of Evidence

1. Report on the defendant's statutory statement, report on the results of the drinking driving control, investigation report on the circumstantial statement of a drinking driver (report on the confirmation of the blood alcohol concentration applicable to the Medmark formula) internal history (victim D and telephone communications);

1. Application of Acts and subordinate statutes to traffic accident reports and written diagnosis of victims at the scene of accident;

1. Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime (the injury resulting from dangerous driving) and Article 5-11 of the same Act.

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