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(영문) 대전지방법원 천안지원 2018.03.08 2017고단2454

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[M] On April 17, 2014, the Defendant was issued a summary order of KRW 1,00,000,000 as a fine for a violation of the Road Traffic Act (driving in Drinking) at a drinking village support by the Suwon Friwon. On October 6, 2014, the Daejeon District Court issued a summary order of KRW 3,00,000,000 as a fine for a violation of the Road Traffic Act (driving in Drinking) on the ground of a violation of the Road Traffic Act.

[Criminal facts]

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) on September 6, 2017, when it is difficult to drive a motor vehicle at a normal time due to drinking, as described in paragraph (2) around 23:45, the Defendant driven a motor vehicle from CA-to-face, which is difficult to drive due to influence of drinking, and runs the two-lane way in front of D-gu, Seoan-gu, Seoan, Seoan-gu, Seocheon-gu, as two-lanes, into a view-to-face, from the boundary of the postal concentration station. On the other hand, the Defendant was able to drive the motor vehicle from the victim E (nive, 27 years old) who stopped in the front of the ma-gu, while driving the motor vehicle to the front part of the Defendant’s driver’s vehicle.

In this accident, victims E suffered injuries, such as salt ties and tensions, in need of approximately 2 weeks of treatment, and victims G (V, 27 years of age) who were on board the rash car together, suffered injuries, such as salt ties and tensions, which require approximately 2 weeks of treatment.

2. On September 6, 2017, the Defendant was under the influence of alcohol content of 0.182% during blood transfusion on September 23:45, 2017, the Defendant driving a motor vehicle of so-called CAW at approximately 1km in the section Ch in the area of about 1km to the front of the second apartment unit of the apartment unit of Da-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. A written statement on the occurrence of a traffic accident (E);

1. A fact-finding survey report, report on the occurrence of a traffic accident, and field photograph;

1. Notification of the results of regulating the driving of drinking alcohol, a report on the circumstances of the driver of drinking alcohol, and an investigation report (report on the circumstances of the driver of drinking alcohol);

1. Each medical certificate [electric power violating Article 44 (1) of the Road Traffic Act at least twice];

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant provisions of the Act concerning facts constituting an offense;