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(영문) 수원지방법원 안산지원 2018.02.27 2017고단3580
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

On February 26, 2008, the Defendant received a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking) from a person who was in charge of a violation of the Road Traffic Act, and on September 9, 201, the same court received a summary order of KRW 3 million due to a crime of violating the Road Traffic Act (drinking).

1. The Defendant is a person who is engaged in driving a Csch Rexton vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On November 13, 2017, the Defendant driven the above vehicle under the influence of alcohol level of 0.182% from blood alcohol level on around 19:20 on November 13, 2017, and proceeded at a speed of about 10km at a speed of about 36 km from the 470 km of Ansan Sinsan-si, Hadsan-si, Annsan-si, Annsan-si.

At the time, since the house is a road, the driver of the vehicle has a duty of care to drive safely on the front side and the left side of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant was driving the said vehicle on the right bridge of the victim D(40) who was on the front side while driving the said vehicle while it was difficult to drive the vehicle normally, such as being red on a very long-distance and face.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, resulting in the injury of both sides, such as salt sprinks, which requires two weeks medical treatment.

2. Violation of the Road Traffic Act (drinking) and the violation of the Road Traffic Act (drinking without a license) were driven by the Defendant without obtaining a driver’s license in the state of alcohol concentration of 0.182% in a section of about 150 meters from the upper end of the Ethmpi-gu in Ansan-si, Ansan-si to the upper end of the 36th day of Ansan-si, Ansan-si, the daylight-si, the daylight-si, the day indicated in paragraph 1 of this Article.

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 the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The report on the occurrence of a traffic accident;

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