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(영문) 수원지방법원 2020.01.22 2019고단4908
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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 October 17, 2013, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act at the Suwon District Court, and on January 23, 2017, issued a summary order of KRW 2 million for the same crime at the Ansan District Court’s Ansan Branch.

【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 motor vehicle B.

On July 23, 2019, when the Defendant was under the influence of alcohol on 0.147% of blood alcohol concentration at around 23:20 on July 23, 2019, the Defendant was driving the said vehicle and driving the said vehicle to the fixed survey distance on the side of the D High School, in order to avoid a police officer’s drinking control, while the electric signal is in a red signal, and received the front part of the victim E (59 years of age)’s walthm or the front part of the said vehicle’s left side of the said vehicle.

As a result, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, suffered from the injury such as the dys of dysium of 4 weeks to the said victim E, the injury of the victim G (38 years of age) who was on the top of the damaged vehicle in need of a three-day medical treatment, such as knee knee selging, and the injury of the victim H (38 years of age) who was on the back seat of the damaged vehicle in need of a two-month medical treatment, respectively.

2. Around 23:20 on July 23, 2019, the Defendant driven the said vehicle under the influence of alcohol content of 0.147% in a section of approximately 7km from the first road in Suwon-si, Suwon-si, Suwon-si, to the 128 ambrithm in Suwon-si, Suwon-si, Suwon-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The report on traffic accidents (the actual survey report);

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