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(영문) 전주지방법원 2019.06.28 2019고단102
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for 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

1. On December 22, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) was driving a Do 5-laned road in front of the “C” located in Yansan-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City on December 11, 2018, under the influence of alcohol leveling 0.206% of the blood alcohol level, while driving a Do 4-laned vehicle in front of the “C” and driving a Do 1-laned vehicle in front of the Defendant’s vehicle while driving along the victim FF (38 years of age) who was stopped in front of the vehicle in front of the Defendant’s vehicle, while driving the Do Do 138-year-old vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as the victim F, the victim J (the age of 68) who is a passenger of the said car, and the catum salt cat for about two weeks to the victim H, respectively.

2. The Defendant violated the Road Traffic Act (driving) at the section of about 2 km from the date and time set forth in paragraph (1) to the front day of the “C” located in Geumjin-gu in the Geumjin-gu Seoul Metropolitan City in the same Sinsan-gu, Geumjin-gu, Seoul, under the influence of alcohol level of 0.206% of the light alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A H statement;

1. A traffic accident actual condition survey report and photographs;

1. Request for appraisal, report on the results of the regulation of drinking driving (No. 14), report on the state of drinking drivers, and report on whether to drive any danger;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving) of the relevant Act;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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