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(영문) 수원지방법원 2017.09.19 2016고단5794
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On November 26, 2012, the Defendant was sentenced to a summary order of a fine of KRW 4 million for a crime of violating the Road Traffic Act at the Daejeon District Court on November 26, 2012, and the Defendant was sentenced to a summary order of KRW 5 million for the same crime at the same court on November 17, 2014, and was sentenced to a summary order of KRW 5 million for the same crime on two occasions due to drinking.

On May 27, 2016, while under the influence of alcohol content 0.257% among blood, the Defendant driven a CFF car at the speed of 16:50%, and led the Defendant to drive the CF car at the speed of the intersection in the front of the CF car at the front of the U.S. air at the time of harmony along the water source of the water source from the mountain bank. On May 27, 2016, the Defendant continued to drive the CF car at the intersection in the front of the damaged vehicle at the front of the U.S. vehicle. The Defendant did not see the EfF bus driven at the victim D (60 years old) waiting in the air signal at the front of the U.S. bank, and received the back part of the damaged vehicle with the front part of the damaged vehicle.

As a result, the defendant, even though he had been punished twice due to drinking, driving a motor vehicle under the influence of alcohol, driving a car under the influence of alcohol which makes it difficult to drive normally due to the influence of drinking, and suffered injury such as culp salt, etc. which requires approximately two weeks of medical treatment to the victim F (56 tax) who is the partner of the franchise bus, and suffered injury such as culp salt, etc. which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Notification, etc. of the results of regulating drinking driving;

1. Statement of the circumstances of driving at home;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking) of the Traffic Act and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of a dangerous motor vehicle) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the punishment for the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against D with heavy criminal situation);

1. Selection of penalty;

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