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(영문) 춘천지방법원 속초지원 2020.01.22 2019고단163

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 of the final judgment.

Reasons

Punishment of the crime

1. On March 10, 2019, the Defendant driven a Fcoon car at approximately 1km section from the C parking lot located in Sinsi-si B to the E sales outlet located in Sinsi-si D from around 20:34 of the same day, with a blood alcohol concentration of about 0.153% while under the influence of alcohol at around 0.153%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a car in FCo.

On March 10, 2019, at around 20:34, the Defendant driven the said car under the influence of alcohol as described in the foregoing paragraph (1) and continued to drive the road in front of the E store located in D at the early of the beginning of the next police station along two-lanes from the direction of the territorial police station to the high speed.

In such cases, there was a duty of care to prevent accidents in advance by safely proceeding with the vehicle driving service, such as securing the necessary distance to avoid collision with the vehicle driving ahead.

Nevertheless, the Defendant’s negligence of neglecting the influence of alcohol and proceeding as it is while driving, and the part of the back of the victim G(58 years old) driving conducted before the Defendant was brought to the front part of the Defendant’s driving.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as salt, tension, etc. of the horse in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A report on the occurrence of a traffic accident, a report on actual condition, a traffic accident-related photograph, a report on the control results of drinking driving, a report on whether to drive any dangerous vehicle, and a report on the circumstantial statement of a

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); and specific crimes for which the choice of punishment has been made.