beta
(영문) 대전지방법원 천안지원 2021.01.08 2020고단2689

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for a term of one year and two 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

Punishment of the crime

On April 6, 2015, the Defendant was issued a summary order of KRW 1,50,00,000 as a crime of violating the Road Traffic Act (drinking) at the Suwon District Court’s Pyeongtaek District Court.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) (the Defendant is a driver of a motor vehicle with soflurd B.

Any driver of a motor vehicle shall be prohibited from driving his/her motor vehicle while normal operation is difficult due to drinking or drugs.

Nevertheless, at around 04:00 on October 7, 2020, the Defendant driven the nived vehicle of this case, and proceeds from the direction E in the direction of the two intersections of the nivem of the nivem of the nivem of the nivem of the nivem of the nivem of the nivem of the hivem of the hivem of the hivem of the hivem of the hivem of the hivem of the hivem of the hivem of the hivem of the hivem of the hivem of the hivem of the hivem of the hivem of the hivem of the hivem of the hivem of the hivem of the hivem of the vehicle.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in need of two weeks of treatment.

2. Around 04:00 on October 7, 2020, the Defendant was driving a motor vehicle with a alcohol content of about 100 meters from a section of approximately 100 meters from the roads near a mutually aesthetic restaurant located at Hasan-si to the front roads located in C of the same city. The Defendant was under the influence of alcohol of about 0.129% from the blood alcohol content.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. The defendant's legal statement of traffic accident, the report on the actual traffic accident, the report on the occurrence of each traffic accident, the notification of the results of crackdown on driving under drinking and the statement of the driver's circumstances;

1. Application of second-class Acts and subordinate statutes to inquiries, such as general medical certificates, criminal history, and output of summary order;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;