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(영문) 춘천지방법원 강릉지원 2020.07.24 2020고단142
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

1. On January 24, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (the Defendant), at around 18:35, the blood alcohol level of the Defendant was 0.128% and was difficult to drive normally due to the influence of drinking, and was negligent in the course of business where the two-lanes of the “Ding practice room” in front of the “Ding practice room”, which is located in Gangseo-si C, are running along the two-lanes from the inside intersection to E apartment from the outside intersection to the outside of E apartment, leading to the occupational negligence of the victim F(53 years of age) who was in the direct transit of one-lane, and caused the victim to suffer from the rear part of the front part of the GCA 100 Oroba in front of the victim F(53 years of age) who was in the direct transit of the opposite part.

2. On October 10, 2018, the Defendant was issued a summary order of KRW 5 million with respect to a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on the grounds of the violation of the Road Traffic Act in the Gangnam Branch of the Gangwon District Court on October 10, 2018, but at the date specified in paragraph (1), the Defendant driven B k or car while under influence of approximately 0.128% of blood alcohol concentration in the place specified in paragraph (1) at the time specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written Statement;

1. Reports on traffic accidents, on-site photographs, and CCTV images;

1. Notification of the control of drinking driving;

1. A medical certificate;

1. Previous convictions in judgment: Application of investigative reports-related Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of imprisonment for each of the following reasons:

1. Of concurrent crimes, Article 37 (former part), Article 38 (1) 2 and Article 50 of the Criminal Act [Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the punishment shall be aggravated within the scope of adding up the long-term punishments stipulated for the crime causing bodily injury resulting from dangerous driving)];

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