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(영문) 수원지방법원 성남지원 2018.10.04 2018고단1812
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 February 14, 2011, the Defendant was sentenced to a fine of 2.5 million won as a crime of violating road traffic law (dacting driving) in support of the Sungnam branch of Suwon branch of Suwon branch of Korea on February 14, 201, and a fine of 7 million won as a same crime in the same court on June 11, 2018.

[Criminal facts] The Defendant is a person who is engaged in driving of the vehicle B and C freight.

On June 2, 2018, the Defendant driven the above cargo while under the influence of 0.255% of the Alcoco-concentration during the blood transfusion around 06:17, while driving one of the above cargo at the 666th roads of the Yapo Eup in the Gyeonggi-gu, Gwangju-si, one of which led to the front road of Niwon's church from the direction of the Yapo Bridge.

A person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by accurately operating the operation of the operation and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was in the front part of the freight vehicle driven by the Defendant, which was driven by the victim C(49 e.g., the victim C(49 e., the Defendant driven from the blater to the blater) by the negligence of driving the said freight vehicle while it is difficult for the Defendant to drive the vehicle normally.

Ultimately, the Defendant suffered approximately two weeks of her occupational negligence on the part of the victim, such as her bones salt, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report on the actual condition of traffic accidents, investigation report (report on the circumstances of the driver with the main driver), and notification of the results of regulating drinking driving;

1. A medical certificate;

1. On-site photographs of the accident site and the caps of the black stuffs images;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act 1.

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