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(영문) 서울남부지방법원 2019.02.19 2018고단5912

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

Reasons

Punishment of the crime

【Criminal Power】 On July 26, 2012, the Defendant was sentenced to imprisonment for 8 months with prison labor for a crime of violation of the Road Traffic Act, etc. in the Gwangju District Court’s net support on July 26, 2012; two years of suspended execution; and six months of imprisonment with prison labor for the same crime in the same court.

【Criminal Facts】

1. Around October 9, 2018, the Defendant had been punished twice or more for a violation of the Road Traffic Act (driving) as above, the Defendant driven CK7 car while under the influence of alcohol with approximately 0.144% of alcohol concentration at approximately 2km from the public parking lot of Yeongdeungpo-gu Seoul, Yeongdeungpo-ro 10-ro 10-ro, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul to the front roads of Yeongdeungpo-gu, Seoul.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said car while under the influence of alcohol 0.14% of the blood alcohol concentration at the time and time set forth in paragraph (1) and driven the two-lane roads in front of Yeongdeungpo-gu Seoul Metropolitan Government, Seoul, with the two-lane distance outflowing from the front line of war prisoners.

The Defendant, while driving a car in a state where normal driving is difficult due to the influence of drinking, such as with a little string, a little string, and rhythm, he was found to have immediately discovered the E-Poter II cargo vehicle driven by the victim D, who driven at a one-lane in the direction of mathing, but did not avoid the vehicle, and received the part behind the cargo vehicle as the front part of the Defendant’s vehicle.

As a result, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt dump, tensions, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. The actual condition of traffic accidents;

1. A medical certificate;

1. Bluebbbbling CD images;

1. Previouss before judgment: Criminal records, reply reports, and statements;