(영문) 수원지방법원 평택지원 2019.02.20 2018고단1420



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.


Punishment of the crime

1. On June 26, 2018, the Defendant: (a) around 00:10 on the street in front of Pyeongtaek-si B; (b) when the victim C (26 years of age) prevented the Defendant from driving under the influence of alcohol; (c) led the Victim’s body by driving a motor vehicle, which is an object dangerous to chemicalized goods; and (d) led the victim to an injury, such as salt, tension, etc. in the treatment days of treatment, by driving the motor vehicle.

2. The Defendant, at the time and place specified in paragraph (1) of the Road Traffic Act, borrowed a section of about 30 meters in blood alcohol concentration of about 0.158% and driven a car in a state of under the influence of alcohol.

3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of a passenger car.

The defendant, at the time and place specified in Paragraph 1, operated a car without mandatory insurance to cover about 30 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. A written appraisal of blood alcohol;

1. Mandatory insurance policy;

1. Application of Acts and subordinate statutes to a report on investigation (related to injury of a victim);

1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) and 257 (1) of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the operation of vehicles which are not mandatory insurance and the choice of imprisonment);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act (Concurrent Consideration for the following favorable circumstances):

1. In light of the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act, the method of committing the crime, the degree of the taking, etc., the responsibility for the crime is not weak, but the mistake is recognized and contradictory, the receipt of the letter from the victim, there is no record of criminal punishment exceeding the fine, and the defendant's age, and the defendant's age.