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(영문) 서울동부지방법원 2018.12.13 2018고단2277

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a suspended sentence of 8 months in Seoul Eastern District Court on June 21, 2018 for a crime of violation of road traffic law (dacting driving) and was sentenced to a suspended sentence of 2 years in June 28, 2018, and the judgment became final and conclusive on June 28, 2018, and

[Criminal facts]

1. The Defendant is a person who is engaged in driving a vehicle B with low risk driving.

On March 15, 2018, the Defendant driven the said vehicle under the influence of alcohol content of 0.228% among blood transfusion around 09:00, while driving the said vehicle at a 0.228% speed prior to the shooting distance of the Seoul Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) at an irregular speed in the direction of a D hotel in the direction of a D hotel from the west intersection, the Defendant shocked the back part of the FV-si vehicle operated by the Defendant for the victim E (43 tax) who stopped in the front part of the said vehicle.

As a result, the defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and suffered the victim's injuries such as the pipe of the number of days of treatment, the dynasium and the dynasium and the dynasium.

2. Defendant 1 driven a B-hand car in the state of alcohol alcohol concentration of about 0.228% from the 4km of Gangdong-gu Seoul Metropolitan Government to the front road of Gwangjin-gu Seoul Special Metropolitan City at the time of a day like the above paragraph 1.

3. Around 03:40 on June 16, 2018, the Defendant: (a) driven the B-hand car at around 80 meters, without a driver’s license, on the front of the 119 Safety Center of Gangdong-gu Seoul, Gangdong-gu 27-ro 9 (Thoho-dong).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. A medical certificate;

1. A report on investigation;

1. Application of Acts and subordinate statutes to inquiries about criminal history and text of judgment;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.