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(영문) 대전지방법원 2021.02.18 2020고단3548
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 a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2008, the Defendant was issued a summary order of a fine of 4 million won on the grounds of a violation of the Road Traffic Act (drinking driving), and is engaged in driving of B car cars.

On June 25, 2020, the Defendant driven the said car under the influence of alcohol content of 0.246% in blood at around 21:30, while driving the said car at a 0.246-lane between five-lanes in Seo-gu, Daejeon, Seo-gu, Daejeon, with two-lanes, the Defendant was on duty negligent in failing to keep the front door well and to operate the steering and steering system properly, and the part of the victim D (n, 47 years old) who was in the signal atmosphere (n, e.g., the part of the back part of the car in the Eth-gu in the Eth-gu, Kan-gu, Kan-gu.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act twice, and sustained bodily injury, such as chilling face, rhyming off, walking, walking, etc., in a situation where normal driving is difficult due to the influence of drinking, which makes it difficult for the Defendant to drive the said vehicle under normal conditions due to the influence of drinking, such as driving the said vehicle with a string and a tension, etc., for about two weeks, and the victim F (F, 16 years old) who is the passenger of the said T-gu passenger vehicle in the said T-gu, suffered from the injury of the victim F, who is the passenger of the said T-gu passenger vehicle, for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement;

1. Notification of the results of regulating the driving of drinking alcohol, a statement made under the circumstances of the driver of drinking alcohol, and a statement of alcohol appraisal during blood;

1. Each written diagnosis;

1. References to inquiries, such as criminal history, reporting on the results of confirmation of identical crimes, and application of summary order statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the relevant criminal facts, and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act 1.

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