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(영문) 의정부지방법원 고양지원 2017.03.14 2016고단3645
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 9, 2008, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Suwon District Court on the grounds of a violation of the Road Traffic Act, and on July 28, 2011, the Defendant was sentenced to a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) at the same court on July 28, 201, and on July 15, 2013, the Seoul Southern District Court issued a summary order of KRW 7 million with a fine of KRW 7 million due to a violation of the Road Traffic Act.

[Criminal facts]

1. The Defendant is a person who drives a vehicle in B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On October 31, 2016, the Defendant driven the said car under the influence of alcohol content of 0.138% in blood around 06:00, while driving the said car, and driven it at the speed of 0.138% in the Hanyang-gu, Soyang-gu, Seoul, the point of 63.5km toward the government direction of the outer expressway in the Goyang-gu.

At the time, the Defendant had a significant decline in the ability to determine surrounding traffic conditions, etc. in a normal condition under the influence of alcohol. Therefore, the Defendant did not properly verify the victim C driver D 19.5t trucks that were in progress in the front bank and continued as they are, and received the back part of the said car and the victim suffered salt of the bones, etc., which requires approximately two weeks of medical treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. The Defendant, while under the influence of alcohol level of 0.138% among the blood alcohol level at the time of the day specified in paragraph (1) of this Article, driven the car at a section of about 15km from the 15km to the point of the government direction of the Seoul, the outer circular Highway, which is located in the Guro-gu Seoul Metropolitan City, Seoyang-gu, Goyang-gu, Goyang-gu, Goyang-gu, Goyang-gu, Goyang-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The actual survey report;

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