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(영문) 수원지방법원 2020.03.05 2019고단6466

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On June 28, 2007, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) at the Seoul Central District Court; on September 27, 2012, the Defendant was sentenced to a suspended sentence of two years for a year; on November 8, 2017, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with labor for the same crime at the Seoul East East District Court. On November 8, 2017, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with labor for the same

On July 3, 2019, the Suwon District Court 2019 early 1162 rendered a decision to revoke the suspension of execution of the above judgment, which became final and conclusive on July 14, 2019.

In this regard, the defendant filed a claim for recovery of the right to file an immediate appeal (the Suwon District Court 2019 early 2134), but was dismissed, and the reappeal is still pending in the Supreme Court.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a car B.

On October 31, 2018, the Defendant driven the said car with a blood alcohol level of 0.112% 0.12% around 21:13, and neglected to drive the said car along the four-lanes in Seocho-gu Seoul Seocho-gu, Seoul, and the roads adjacent to the two-lanes of the parallel-lanes of the parallel-lanes of the Border Highway and the roads adjacent to the six-lanes of the parallel-lane, and failed to properly manipulate the operation system, etc., the Defendant received the back portion of the victim C (60 years old) driving that changed the two-lanes from three-lanes to four-lane in the direction of the Defendant’s running.

As a result, the Defendant, while driving the said Awd-d-car in a state where normal driving is difficult due to the influence of drinking, suffered injury, such as salt ties, tensions, etc. by driving the said Awd-d-car and the victim E (the age of 46) who was on board the said taxi for about two weeks.

2. On October 31, 2018, the Defendant violated the Road Traffic Act (driving without a license) at a section of about 10 K m from around the road near the Seoul Special Metropolitan City, Gwanak-gu to the place of the said traffic accident.