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(영문) 춘천지방법원 2018.08.22 2018고단620

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

The defendant is a person who is engaged in driving a Clearning car.

On March 24, 2018, the Defendant driven the above car on March 24, 2018, while driving it along the three-lanes from the IC room to the IC room of the Howon-dong, Seoul, and driving on the off-lanes of the off-lanes of the four-lanes.

A driver of a vehicle has a duty of care to prevent accidents by complying with the speed limit on the expressway, maintaining a safe distance with the vehicle in front, and accurately operating the steering and brake system with the vehicle in front.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.128% in blood, was unable to operate a normal steering and brake system due to the influence of alcohol, shocked down the back part of the Estoke car driven by the victim D, which is driven by Defendant D, due to the negligence of driving the stoke in front of the Defendant.

Ultimately, the Defendant driven a car in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as salt, tension, etc., in a trend requiring approximately two weeks of medical treatment from the victim D and the victim F, who was on board the vehicle, to the victim F, who was on board the vehicle, and suffered injury, such as the mouth, closure, etc., of the body of the body of the upper part, requiring approximately six weeks of medical treatment from the victim G who was on board the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D and F;

1. Investigation report on the actual condition of the driver at the State, on-site photographs, victim G diagnosis report, victim D diagnosis certificate, victim F diagnosis certificate, internal investigation report (application of the above dmark), inquiry into the results of the crackdown on the driving of alcohol, application of the statutes governing the dactage of damaged vehicles;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by the driving of each risk) concerning the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act (referring to

1. Articles 40 and 50 of the Criminal Code of the ordinary concurrent crimes [the crimes committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving)].