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(영문) 춘천지방법원 속초지원 2020.02.19 2019고단85

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

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

[2019 Highest85]

1. Around 22:10 on January 27, 2019, the Defendant driven a DNA car under the influence of alcohol leveling 0.130% of blood alcohol level from approximately 5.8km to the roads in front of the Gangwon-gun, Gangwon-si, Seoul Special Metropolitan City.

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

On January 27, 2019, the Defendant driven the said vehicle under the influence of alcohol of 0.130% in blood alcohol concentration at around 22:10, and led the Defendant to drive the said vehicle under the influence of alcohol of 0.130%, one of the two lanes prior to the “E Burial” in the Gangwon-gun, Gowon.

There is a place where the center line of yellow-ray is installed, and a person engaged in driving of a motor vehicle has a duty of care to thoroughly see the front line and to safely drive the motor vehicle in compliance with the rules of duty.

Nevertheless, under the influence of alcohol, the Defendant was a victim F (the age of 57) who is proceeding in the same manner as it is due to negligence while neglecting this, and was driving the G K5 potter’s left-hand part of G K5 potter’s car by the Defendant’s driver’s driving.

As a result, the Defendant, while driving the said Lone Star Car under the influence of drinking, was unable to drive the car normally, and suffered from the injury of the victim, such as the trend, cryp salt, tension, etc. requiring approximately two weeks of treatment.

[2019 Highest 274]

3. Around 15:30 on July 2, 2019, the Defendant was driving Done Star Co., Ltd without obtaining a driver’s license in a section of about 1 km from the front parking lot of the Gangwon-gun Hpenta to the J parking lot located in Gangwon-gun I.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Report on the occurrence of a traffic accident, report on the actual condition of the driving, report on the results of the control of drinking driving, report on the state of drinking drivers, on-site photographs;