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(영문) 광주지방법원 순천지원 2020.07.23 2019고단1265
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving motor vehicles B.

On May 8, 2019, the Defendant driven the above vehicle while under the influence of alcohol 0.103% in blood alcohol level on May 8, 2019, and driven the front road D in C at the time of leisure.

At the time, the Defendant was in a situation where normal driving was difficult due to the influence of drinking, such as snicking, snowing, walking in a snick and walking and snicking, etc.

As such, the Defendant was under the influence of alcohol and was in the front part of the FM5 car driven by the victim E(the age of 45) who was in the atmosphere of the signal at the front of the vehicle.

Ultimately, the Defendant driven a motor vehicle under the influence of alcohol that it is difficult for the Defendant to drive the motor vehicle normally, and caused the victim E to suffer salt, tensions, etc., such as the chills and tensions that require a two-day medical treatment, and the victim G (the 44 years old), and the victim H (the 16 years old) with respect to the chills that require a two-day medical treatment.

2. The Defendant was driving the said vehicle under the influence of alcohol concentration of 0.103% without a driver’s license at the same time and at the same place as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report (1) (2) (the actual survey report);

1. The circumstantial statement and circumstantial report of the driver of the driving school (whether or not to drive the vehicle under hazard);

1. The ledger of driver's licenses;

1. A criminal investigation report (as to submission of a victim's diagnosis report);

1. Application of each statute on photographs;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); Article 48-2(2)2 and Article 44(1) of the relevant Act on criminal facts; and the Road Traffic Act.

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