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(영문) 수원지방법원 성남지원 2017.09.28 2017고단1651
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 July 28, 2009, the Defendant was issued a summary order of KRW 2,50,000,000 by the Seoul Western District Court on July 21, 2009 for a crime of violation of road traffic law (drinking) and a fine of KRW 2,50,000 for the same crime, etc. at the Seoul Western District Court.

[Criminal facts]

1. On June 14, 2017, the Defendant violated the Road Traffic Act (drinking driving) driven a dial vehicle with alcohol content of 0.148% from the 2km section to the front of the road at the same time from the border terminal located in the Dong-dong in Gwangju-si, Gwangju-si to the front of the road.

2. The Defendant is a person who is engaged in driving a motor vehicle with a high bid in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On June 14, 2017, the Defendant: (a) around 09:00, the face under the influence of alcohol was 0.148% with red, snow fluor; (b) the pedestrian condition was fluored and inaccurate; and (c) it was difficult to drive the said vehicle normally, such as a light-distance, inaccurate, and inaccurate weather; (d) the Defendant driving of the said vehicle, while driving the said vehicle and driving the three-lane road in Gwangju City of Gyeonggi-do along the three-lane road in front of the point in Gwangju City, in the apartment of both glusular apartment, from the front side of the victim E (47 years of age) who stops in the atmosphere from the front side to the lusular beverage factory, and was able to receive the front part of the driver’s vehicle driven by the Defendant.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt, tension, etc., which requires approximately three weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of E traffic accidents;

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. Photographs attached to a report on the occurrence of a traffic accident;

1. Previous convictions: The results of inquiry and the application of Acts and subordinate statutes of the investigation report (the same kind of force);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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