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(영문) 춘천지방법원 영월지원 2020.04.07 2020고단9

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

[Criminal Power] On November 3, 2008, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on November 3, 2008.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a motor vehicle B.

On December 29, 2019, the Defendant driven the above car at around 05:20 on December 29, 2019, and was driving the front road of the Gangwon-gu Gangwon-gun at the seat of D apartment.

There is a duty of care to prevent accidents by thoroughly operating the steering and steering system in the front direction, and to prevent accidents by accurately manipulating the steering and operating the steering system.

Nevertheless, the Defendant, while under the influence of alcohol content 0.128%, shacked red light on the face and divided the horse into hacker’s face, and if he neglected to perform the above duty of care in the situation where normal driving is difficult due to the influence of alcohol such as drinking and was negligent in driving on the right side of the road as it is, the Defendant suffered injury to the victim E (73 years of age) who was walking at the right side of the road operated by the Defendant, due to the shock of the first part of the above Abpan-packer vehicle operated by the Defendant, and the victim suffered injury, such as cerebrs, which has no two open places where two weeks of treatment is required.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving on the F Apartment-gun, Gangwon-gun, G, with approximately 1.2 km alcohol concentration of approximately 0.128%, while under the influence of alcohol from the 1.2km section to the front road of G.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, on-site photographs, a statement of the occurrence of traffic accidents, notification of the results of drinking driving control, diagnosis report, investigation report (as regards the suspect's status at the time of traffic accidents), and the suspect of the investigation report;