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(영문) 수원지방법원 안양지원 2018.11.28 2018고단1682

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2] On July 2, 2008, Defendant A was sentenced to a summary order of KRW 2,50,000 to a fine of KRW 2,50,000 as a crime of violation of road traffic law at the Seoul Central District Court on July 2, 2008; on May 29, 2009, to a fine of KRW 4,00,000 as a result of the same crime; on July 12, 2012, Defendant A was sentenced to a suspended sentence of imprisonment with prison labor for the same crime at the Sungnam branch of Suwon branch of Suwon branch of Suwon branch of Suwon branch of Suwon branch of the Republic of Korea on July 12, 2012; and on May 13, 2015, to a suspended sentence of eight months

[Criminal facts]

1. On May 8, 2018, the Defendant: (a) driven BMW car under the influence of alcohol with approximately 0.216% alcohol concentration in blood at a section of approximately 200 meters of the 200 meters of the driving distance of Poking-si around 22:5 on May 8, 2018.

Accordingly, the Defendant, like the above criminal records, was punished more than twice for a violation of road traffic law (drinking driving), but was driven again under the influence of alcohol.

2. On May 8, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven BMW car while under the influence of alcohol concentration of 0.216% in blood at around 22:5 on May 8, 2018, the Defendant driven the BMW car while driving it at a speed of Cheong-do from the inner seat to the Cheong-do-do-rab.

At the time, the location is night, and the signal is installed, so in such a case, the driver of the motor vehicle had a duty of care to prevent the accident by safely driving the motor vehicle in accordance with the front door and the left door and the right and the right in the front door.

Nevertheless, the Defendant neglected this and went to the left at the opposite lane due to the negligence of failing to keep the signal properly under the influence of alcohol, and the Defendant was able to drive the victim C (58 tax) who was driving in the opposite lane.

As a result, the Defendant driving the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the Defendant’s injury, such as catum salt, which requires treatment for about two weeks.