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(영문) 수원지방법원 2017.11.30 2017고단6769
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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 February 2, 2007, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Suwon Franchising Station on February 2, 2007, a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Suwon Franchising Station on June 5, 2009, and a summary order of KRW 7 million for a violation of the Road Traffic Act (driving) at the Gwangju District Court on March 20, 2014, respectively.

On August 28, 2017, the Defendant driven a brea cargo vehicle under the influence of alcohol with 0.171% in the state of alcohol 0.171% in the blood of around 21:05, and proceeded along two lanes from the lunch on the boundary of the lunch in the direction of logistics, but stopped in the atmosphere of the signal at the front of Osan City, and came to start.

At the time, the victim D(48) driving car trucks were stopped at the rear, so there was a duty of care to prevent accidents in advance by accurately manipulating the weather, steering, and brakes to those engaged in driving business.

Nevertheless, under the influence of alcohol, the Defendant was found to have taken the front part of the truck in front of the truck, starting from the next place while he neglected his care, and was found to have been on the part of loading the truck on the truck in front of the truck.

As a result, the Defendant, while under the influence of alcohol, drives a motor vehicle under the influence of alcohol, driving a motor vehicle under the influence of alcohol, resulting in an injury to the victim D, such as chills, tensions, etc. which require approximately two-day medical treatment, while destroying a car-type truck owned by the victim corporation, which owns approximately KRW 1,166,850, such as Bods exchange.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. A survey report and an accident;

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