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(영문) 수원지방법원 2020.03.05 2019고단7010
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On March 7, 2008, the Defendant received a summary order of KRW 1 million from the Suwon District Court to a fine for a violation of the Road Traffic Act, and on December 11, 2013, the Defendant received a summary order of KRW 2 million from the same court as the same crime.

【Criminal Facts】 The Defendant is a person engaged in driving a motor vehicle in B Sti-type.

1. Around 03:15 September 12, 2019, the Defendant driven a motor vehicle in the stimul under the influence of alcohol with a blood alcohol concentration of 0.187% at a section of approximately 150 meters from D located in Osan-si C to E before Osan-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was committed by the Defendant on the three-lane road in front of the F-lane in Osan City at the time and time set in Paragraph 1, along the three-lane distance from the direction of Osan City, while driving a motor vehicle in front of the F-lane, and driving the motor vehicle along the three-lane distance from the direction of Osan City, without properly operating a steering wheel, and driving the two-lane course toward the two-lane, while driving the motor vehicle in front of the victim G (the 42-year-old driver) who stops along the signal, and received the H

As a result, the Defendant, while driving a car in a state where it is difficult to drive the car normally due to influence of drinking, suffered bodily injury such as salt, tension, etc. by driving the car in a state where approximately two weeks of treatment is needed.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of each traffic accident in G and I, and a written statement ofJ;

1. The circumstantial statement of the employee;

1. The actual survey report and the report on the occurrence of any traffic accident;

1. Notification of the control of drinking driving;

1. On-site photographs, black boxes video CDs;

1. A medical certificate;

1. Previous convictions indicated in judgment: Criminal records, reply reports (A) and application of Acts and subordinate statutes to investigation reports;

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the point of drinking run) regarding criminal facts and the aggravated punishment, etc. for specific crimes.

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