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(영문) 수원지방법원 2019.07.25 2019고단2659

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On February 1, 2005, the Defendant received a summary order of KRW 1.5 million for a violation of the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on February 1, 2005, and received a summary order of KRW 1.5 million for the same crime from the Suwon District Court on October 10, 2008, and received a summary order of KRW 1.5 million for the same crime from the Suwon District Court on August 29, 2013, and received an order of KRW 5 million for the same crime from the Busan District Court on August 29, 2013.

【Criminal Facts】 The Defendant is a person engaged in driving a vehicle B K7 vehicle.

1. Around 01:20 on April 17, 2019, the Defendant was under the influence of alcohol of approximately 0.236% of the blood alcohol concentration in the 7km section of the 7km-gu, Seongbuk-gu, Sungnam-gu, Sungnam-si, through the roads near F near the Ma in the Sinnam-gu, Sungnam-gu, Sungnam-si, and through the roads near the 1153 Sinnam-gu, Sungnam-gu, the Defendant driven the said K7 car under the influence of alcohol concentration of approximately 0.236%.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving a four-lane road near the 1153 East-gu, Seongdong-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, in a manner under the influence of alcohol and driving the said K7 vehicle along three-lanes.

At the time, there was an intersection where signal apparatus was installed at night, and in such a case, there was a duty of care to prevent accidents by accurately manipulating the brake system to those engaged in driving service.

Nevertheless, due to the negligence that the Defendant neglected this and did not properly operate the brake system under the influence of alcohol, the Defendant’s vehicle operation of the victim G(30 years old) driving that was stopped at the front side of the Defendant’s vehicle in the traffic signal atmosphere was conducted without immediately discovering the vehicle and without properly operating the vehicle. As such, the Defendant was able to receive the part of the Defendant’s vehicle back to the front part of the Defendant’s vehicle.

Ultimately, the defendant is influenced by drinking.