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(영문) 서울동부지방법원 2018.05.02 2018고단5
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 9, 2008, the Defendant was punished by a fine of KRW 1.5 million for a violation of the Road Traffic Act (drinking driving) at the Seoul East District Court on February 9, 2008, and a fine of KRW 2.5 million for a violation of the Road Traffic Act (drinking driving) at the Sungnam branch on November 28, 2008. A person who violated Article 44(1) of the Road Traffic Act at least twice.

1. On December 5, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) driving, driving a Chigh-speed car with alcohol concentration of 0.127% at around 10:25, while under the influence of alcohol during blood, and driving a five-lane road in front of Songpa-gu Seoul, Songpa-gu along the one-lane of the road on the long-lanes of the road from the backside of the fall market to the long-lanes of the road, while driving the road on the one-lanes of the road, the Defendant was driving the motor vehicle under the influence of alcohol at the front part of the Defendant’s vehicle. The lower part of the Defendant’s new-speed vehicle with the front part of the Defendant’s vehicle driven by the victim E while driving the signal at the same lane.

As a result, the defendant driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered from the victims, such as light dump, which requires approximately two weeks medical treatment.

2. On December 5, 2017, the Defendant was under the influence of alcohol content of 0.127% during blood transfusion around 10:25 on December 5, 2017, the Defendant driven a vehicle of approximately 932 meters from the front of the road in Songpa-gu Seoul to the front road in Songpa-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in E and G;

1. A survey report on actual condition, a report on the detection of drinking drivers, a report on the detection of main drivers, and an investigation report (the application of the aforementioned Nomark formula);

1. Each written diagnosis;

1. Previous convictions entered in facts constituting an offense: Application of a written inquiry, a copy of summary order, such as criminal history;

1. Criminal facts;

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