(영문) 수원지방법원 2019.10.17 2019고단4347



A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person engaged in driving a rocketing car.

At around 21:00 on June 16, 2019, the Defendant driven the said car with a blood alcohol content of 0.179% and moved to Orlsan E three-lanes from the side of Orlsan E-lane, while driving the said car, the Defendant followed the victim F.F. (W. 30 years of age) driving while stopping in the signal signal atmosphere at the Defendant’s former direction, followed the Defendant’s vehicle by driving the said car and driving it again again, followed the Defendant’s vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered from the injury of the victim, such as light dump, tension, etc. for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Report on the actual condition of a traffic accident, report on the occurrence of an accident, site photograph of an accident, report on the actual condition of a drinking driver, and report on the results of the drinking control;

1. Application of F’s medical certificate Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Considerations, such as the fact that the blood alcohol concentration of the grounds for sentencing under Article 62-2 (1) of the Criminal Act is considerably high, the degree of damage suffered by the victim, the recognition of the crime, the subscription to a comprehensive automobile insurance, the fact that there is no history of criminal punishment in the Republic of Korea;