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(영문) 수원지방법원 성남지원 2019.06.19 2019고단550
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 18, 2007, the Defendant was sentenced to a summary order of 700,000 won by a fine for a violation of the Road Traffic Act at the Seoul Northern District Court, and on July 20, 201, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment for a violation of the Road Traffic Act at the Seoul Southern District Court on July 20, 201. On February 19, 2019, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment for a violation of the Road Traffic Act (driving) at the Sungnam Branch of the Suwon District Court on February 19, 2019 and the said judgment became final and conclusive on February 27, 2019.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a motor bicycle.

On February 10, 2019, at around 04:50, the Defendant driven the above motorcycle while under the influence of alcohol with 0.144% of blood alcohol without a driver’s license, and proceeded in the direction of a water path in the direction of a water path in the direction of a shot distance, depending on the one-lane of the 1-lane C in front of the amendment of the Manam-si C.

At the time, the center line is installed along the center of the road at night and at a speed of 30km per hour, and the side of the road is parked on the side, so the driver has a duty of care to ensure that the driver is obliged to take the right and the right of the front and the right of the road while lowering the speed, and that the driver is obliged to proceed to the right and right of the center line installed in the center of the road so that the accident does not occur.

Nevertheless, under the influence of liquor, the Defendant was driven by the victim D (year 61) who was driven in the opposite lane due to negligent negligence of the central line, and was driven by the victim D (year 61) as the front side of the said motor vehicle.

Ultimately, the Defendant, while driving the said motorcycle under the influence of alcohol that is difficult to drive normally, suffered from the injury of the victim FF (year 61) and G (year 55) who was on board the said motorcycle, due to the influence of alcohol, in need of medical treatment for each three weeks.

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