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(영문) 서울동부지방법원 2018.08.13 2018고단2099

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On April 17, 2013, the Defendant was sentenced to a suspended sentence of two years in August, 201, by the Seoul Eastern District Court, for the crime of violation of road traffic law (drinking driving), and was sentenced to a suspended sentence of two years.

[Criminal facts]

1. The Defendant is a person engaging in driving a vehicle with CMW in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

At around 05:35 on June 5, 2018, the Defendant driven the said car while driving the said car at around 05:35, and driving the two-lanes of the three-lanes in front D in front of Gwangjin-gu Seoul Special Metropolitan City at the top of the last three-lane shooting distance, the Defendant shicked the back part of the said car operated by the victim E who was waiting for the signal to the front line with the front part of the said car.

Accordingly, the defendant driving a motor vehicle in a state where it is difficult for the defendant to drive the motor vehicle normally while under the influence of alcohol, and suffered a pleinal salt pane, which requires the victim to treat for about two weeks.

2. On June 5, 2017, the Defendant was driven under the influence of alcohol by the Defendant, such as a smelling, smelling, unsatising, and unsatising the body of the Defendant, at the Seoul Gwangjin-gu Police Station G office located in the Seoul Gwangjin-gu, Seoul Special Metropolitan City (Seoul), G office located in the above police station G G, thereby drinking alcoholing from the Defendant from a slope H belonging to the above police station G, driving under the influence of alcohol.

인 정할 만한 상당한 이유가 있어 약 20분 간 4 차례에 걸쳐 음주측정기에 입김을 불어 넣는 방법으로 음주 측정에 응할 것을 요구 받았음에도 입김을 불어 넣는 시늉만 하는 방법으로 경찰공무원의 음주 측정에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Traffic accident report, report on the circumstances of the driver involved in driving, and report on the detection of the driver involved in driving;

1. A medical certificate;

1. Images or images of accidents against which measurement is refused;

1. Investigation report (the state of drinking by a suspect, the currency with a police officer measuring drinking, hearing statements and reports);

1. References to inquiries, such as criminal history, investigation reports (the same kind of defendant).