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(영문) 수원지방법원 2017.07.11 2017고단2270

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

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

Reasons

Criminal facts

[criminal history] On September 3, 2013, the Defendant was issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) at the Suwon Franchising Station on September 3, 2013. On October 29, 2015, the Defendant issued a summary order of KRW 2 million for the same crime at the same court.

[2] Although the Defendant had been punished twice or more due to drinking driving by a person who is engaged in driving CKaren car, the Defendant driven the said vehicle under the influence of alcohol level of 0.15% during blood transfusion around March 18, 2017, while driving the said vehicle in the influence of alcohol level of 0.46% on March 18, 2017, and proceeded with the road front of the distance from the offline of the Suwon-gu sports movement road at Suwon-si.

In such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the traffic signals and prevent the accident in advance. In such a case, the driver of the motor vehicle has a duty of care to safely prevent the accident by driving the motor vehicle in advance.

Nevertheless, the defendant neglected this and went to the left in violation of the right-hand signals signals, and the victim D (29 years old) who was going to cross-section in accordance with the closed-line signals, and the front of the E-Ra's car, which was driven by the victim D (29 years old), was completely collisioned with the Defendant's vehicle.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to drinking, was inflicted on the victim FF (26 years) who was on board D and the victim F (26 years) who was on board the top of the steering force of the damaged motor vehicle, for whom treatment between about two weeks is required.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements related to D traffic accidents;

1. Notification of a survey report on actual conditions and the results of regulating drinking driving;

1. A photographic image of an accident, and a vehicle photograph;

1. Each written diagnosis;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Article of the Act.