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(영문) 수원지방법원 여주지원 2018.11.14 2018고단849

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

[criminal history] On January 22, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the Cheongju District Court’s Assistance, and on December 30, 201, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Sejong District Court’s House.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a Category B car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On June 25, 2018, at around 19:10, the Defendant driven a Category B Maz car under the influence of alcohol concentration of 0.228%, while driving the D convenience store in Ischeon-si C.

In this case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle by keeping the front, rear and left well.

Nevertheless, under the influence of alcohol, the Defendant neglected this and did not verify the rear side and received the left side of the victim E (43 ) who was coming to the right from the left side of the aftermath of the aftermath, from the left side of the aftermath (43 ).

Ultimately, the Defendant driven a car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the victim's loss on the left-hand side in need of approximately two weeks medical treatment.

2. On June 25, 2018, the Defendant was under the influence of alcohol level of 0.228% among blood transfusion around 19:10, the Defendant driven Category B in the section of approximately 170 meters from the front of the Defendant’s house located in Echeon-si F to the front of the D convenience store located in Echeon-si C from the front of the D convenience store in Echeon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident report;

1. Statement report on the circumstances of the driver at the home, investigation report (report on the circumstances of the driver at home) and the situation of the driver at home;

1. Notification of the results of crackdown on driving under drinking;