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(영문) 수원지방법원 2020.01.17 2019고단6141
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of two years and two 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

On September 5, 2018, the Defendant issued a summary order of KRW 5 million to a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Suwon District Court on September 5, 201; on April 27, 2011, the same court issued a summary order of KRW 2 million for the same crime; and on September 25, 2009, the Defendant was sentenced to a fine of KRW 2 million for the same crime at the Seoul Southern District Court.

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 car B;

On September 11, 2019, the Defendant, without a driver’s license at around 17:35, while driving the said vehicle while under the influence of alcohol by 0.180%, and driving the said vehicle from D to E Apartment at D to the intersection, the Defendant received the front portion of the victim FF (e.g., 5 years old)’s G K5’s driving G e-car, which was proceeding from the ecological tunnel to the same Hoh Park, due to a straight-line signal from the ecological tunnel, was driven by the Defendant at the right side of the vehicle at the right side of the Defendant’s mother side.

As a result, the Defendant, while driving a car at the above mother with a difficulty in driving normally due to influence of drinking, was suffering from the loss of the boom of two feees, which requires two-day medical treatment to the victim, as well as the loss of the boom.

2. On September 11, 2019, the Defendant: (a) operated a vehicle under the influence of alcohol of 0.180% without a vehicle driver’s license from the 5km section from the 17:35m section of the Road Traffic Act to the 0.180% of the blood alcohol concentration without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual condition survey report and field photographs, the report on the occurrence of traffic accidents, the field map, field photographs, and the current status of driving without a license;

1. An investigation report (the closure and reproduction of the main pages of the Membox film and video images);

1. The circumstantial statement, investigation report (the circumstantial report of the host driver), and the master driver.

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