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(영문) 수원지방법원 평택지원 2018.10.12 2018고단1038
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

Punishment of the crime

[criminal history] On October 9, 2006, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court, and on September 11, 2009, issued a summary order of KRW 3.5 million for the same crime, etc.

[Criminal facts] The Defendant is a person engaging in driving a car B i40.

On June 4, 2018, the Defendant driven the said car with a alcohol content of 0.192% 0.192% while under the influence of alcohol in blood around 12:50 on June 4, 2018, and led to a road of one-laned way in the D convenience point in Ansan C from the right side of the light source.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to make a person engaged in driving service thoroughly and safely drive the car line.

Nevertheless, under the influence of alcohol, the Defendant neglected to go along the center line, and went from the opposite side to the opposite side of the Victim E(38) driving on the opposite side by the negligence, and received the full left side of the FF car driving above 140 on the left side of the said i40 car.

Ultimately, despite the fact that the Defendant was punished for a crime of violating the Road Traffic Act (drinking) on two occasions, the Defendant committed an injury to the victim by driving a car in a state where it is difficult to drive the car with a clear distance, such as a red straw, with a light straw, etc. which requires approximately two weeks of medical treatment, and by driving the car in a state where it is difficult to drive the car in a normal manner, the Defendant suffered from the injury of the victim G (e.g., the f4 years of age) of the car in the above knife for about six weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A survey report on actual conditions;

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

1. Notification of the results of regulating drinking driving;

1. Each written diagnosis;

1. Each photograph;

1. Previous Records: References to inquiries and investigation reports (Attachment to the summary order for drinking driving) shall apply to the Act and subordinate statutes.

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