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(영문) 수원지방법원 2020.05.14 2019고단6481
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 4, 2010, the Defendant was issued a summary order of KRW 1 million by the Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B rocketing car.

On August 10, 2019, at around 03:40, the Defendant driven the said rocketing car with the blood alcohol concentration of 0.101%, and proceeds by driving it along two-lanes along the color police box located on the right line C in Suwon-si.

The back part of the victim D(MW car, 37 years old) driving, which was stopped for the signal atmosphere in the front direction of the defendant's proceeding, was driven by the front part of the FMW car in order to stop in the front direction of the defendant's proceeding.

Ultimately, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury, such as light salt, which requires approximately 10 days medical treatment, to the said victim.

2. Around 03:40 on August 10, 2019, the Defendant driven a B rocketing car with a blood alcohol concentration of about 500 meters from the sprink F and G parking lot in Suwon-si to the place of the said traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Investigation report on the actual condition, report on the scene of accident, notification of the result of the control of drinking driving, report on the actual state of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Article 148-2 (1) and Article 44 (1) of the Road Traffic Act and Article 144 (1) of the Road Traffic Act concerning the punishment of the crime.

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