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(영문) 의정부지방법원 고양지원 2018.12.06 2018고단2446

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

Punishment of the crime

[criminal history] On February 11, 2010, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 5 million for a crime of violating the Road Traffic Act in the Incheon District Court’s Vice-Support on February 11, 2010, and a summary order of KRW 5 million with the same court on September 9, 2016.

[Criminal facts]

1. On May 28, 2018, the Defendant was under the influence of 0.152% of alcohol during blood transfusion on May 23:59, 2018, driving a Bbenz motor vehicle while under the influence of alcohol on May 28, 2018, and driving the Goyang-gu Seoul, Goyangyang-gu, Seoul, into the intersection of the Gansan-gu, free will, depending on three-lanes between the four-lanes.

At the time, the Defendant was at night and was driving a victim C(44) in front of the Defendant’s vehicle, and in such a case, the Defendant had a duty of care to reduce the speed and properly manipulate the steering and operating the steering gear by properly manipulating the steering gear.

Nevertheless, under the influence of alcohol, the defendant neglected it and proceeded as it is, and the above part of the left side of the Rano Cargo Vehicle which was proceeding earlier was shocked into the right side of the defendant vehicle.

As a result, the Defendant driven the benz car in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as salt, tension, etc., by driving the benz car for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driven a Bben sport car in the state of alcohol alcohol level of about 0.152% from the section of about 7 km in the direction of the 7km from the French Seo-gu, Seoyang-si to the place specified in paragraph 1 at the time of the day specified in paragraph 1.

Accordingly, the defendant was driving a drinking again even though he was driving a drinking twice or more.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A survey report on actual conditions;

1. On-site map of a traffic accident;