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(영문) 수원지방법원 2016.09.28 2016고단4001
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 March 19, 2008, the Defendant was issued a summary order of KRW 1.5 million at the Jeju District Court to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (dacting driving), and KRW 3 million for a crime of violating the Road Traffic Act (dacting driving) at the Jeju District Court on February 14, 201.

[Specific facts constituting a crime] On May 20, 2016, the Defendant driven a D low-speed car under the influence of alcohol concentration of 0.179% in blood, and made the left turn to the left at the seat of Pungcheon-gu public water storage restaurant.

In this case, the driver of the vehicle has a duty of care to make a left-hand turn safely with due care to the vehicle driving in the straight line when the left-hand turn is allowed at the time of the straight-on signal.

Nevertheless, the defendant was negligent in driving the above intersection due to the negligence that the defendant was under the influence of alcohol and led to the driver's operation of the F that was driven by the victim E (45 years old) who was directly moving the above intersection from the waterside to the green signal from the waterside to the waterside and the front part of the car was driven by the defendant.

The first step of the low-priced car was faced with the highest level of the car.

Ultimately, even though there was a history of punishment twice due to drinking driving, the Defendant was driving the said vehicle in a situation where it is difficult to drive the vehicle normally due to the influence of drinking, and the Defendant suffered from the injury of the victim, such as the climatic salt which requires treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. The E traffic accident statement;

1. A traffic accident report;

1. Statement of the circumstances of driving at home;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Records of judgment: Application of an inquiry letter, such as criminal history, and a copy of each summary order;

1. Article 148-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of drinking) concerning criminal facts, Articles 148-2(1)1 and 44(1) (the point of drinking) of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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