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(영문) 춘천지방법원 2019.11.28 2019고단867
도로교통법위반(음주운전)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

【2019 Highest 867】 Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act at the Chuncheon District Court on November 16, 2006.

On August 28, 2019, at around 18:15, the Defendant driven a F-wing three truck with approximately 300 meters section from the trade name C in Chuncheon City B to the trade name E in the same city D, while under the influence of alcohol of 0.28%.

【2019 Man-Ma872】 On August 29, 2019, the Defendant inflicted an injury on the part of the victim, on the ground that the victim I (the 44 years of age) did not engage in personnel management within the office of the Support Center, “H,” which was located in Chuncheon City, on August 15, 2019, on one occasion at the right side of the victim, and on one occasion at one hand, on the part of the victim’s left side bridge, the Defendant inflicted an injury on the victim, such as brain-dead, etc., in which approximately two weeks of treatment is required.

Summary of Evidence

【2019 order 867】

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Report on the occurrence of a traffic accident, report on actual condition, two photographs, report on the results of the crackdown on drinking driving, report on the circumstantial statement of a drinking driver, inquiry into the results of crackdown on drinking driving, investigation report (report on the circumstances of a drinking driver), criminal history records, etc., and 【2019 order-872】

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement of I;

1. Application of Acts and subordinate statutes to arrest and report the occurrence of a case, death diagnosis certificates, and field photographs;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, and Article 257 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

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 under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. lies in the fact that the accused has been punished several times due to drunk driving and violence, and the blood alcohol concentration.

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