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(영문) 전주지방법원 2018.10.16 2018고단1200
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

1. The Defendant is a person engaging in driving a motor vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On March 22, 2018, the Defendant driven the said car with a alcohol level of 0.168% in a state where normal driving is impossible due to the influence of alcohol during blood transfusion 0.168% on March 22, 2018, while driving it in violation of the two-lanes of the D Bank located in Yansan-gu Seoul Special Metropolitan City, and driving it on the front side of the D Bank located in Yansan-gu, in accordance with the two-lanes in front of the D Bank located in Yan-gu, the Defendant sustained the victim E (55 years old)’s front portion of the Fyst or the front portion of the Defendant’s vehicle, who is directly under the top part of the Defendant’s vehicle’s driving direction, with approximately two-day medical treatment, and suffered injury to the victim E, who is the passenger of the Defendant’s vehicle, for about two weeks in the direction of its driving.

2. On November 18, 2008, the Defendant received a summary order of KRW 700,000 as a fine of KRW 2,00,00 for a violation of the Road Traffic Act (drinking driving) from the Sungnam branch of the Suwon branch of the Suwon branch of the Seoul Northern District Court on December 29, 2008. On June 10, 2009, the Defendant received a summary order of KRW 2,00,000 for a fine of KRW 1,00 for the same crime from the Seoul Northern branch of the Seoul Northern branch of the District Court on June 10, 200.

Although the Defendant had the aforementioned two or more drinking driving skills, he driven the said car under the influence of alcohol level of about 0.168% in the section of approximately 2 Km from the roads front of the influent restaurant in the Geumjin-gu, Geumjin-gu, Seoul Special Self-Governing Province at the time of the foregoing paragraph (1) to the roads front of the D bank located in Ysan-gu, Seoul Special Self-Governing Province.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs;

1. Notification of the results of regulating the driving of drinking and the ledger of using a drinking measuring instrument;

1. Statement of the circumstances of the driver involved in driving;

1. A report on whether to drive any danger;

1. Each statement protocol (E, G);

1. Each written diagnosis;

1. A previous conviction: A written inquiry, such as criminal history, shall be made;

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