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(영문) 춘천지방법원 강릉지원 2019.09.06 2019고단798

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant is a person engaging in driving a rocketing car.

1. Around 21:20 on June 14, 2019, the Defendant driven the said vehicle at a section of about 200 meters from the road near the “D” located in Gangseo-si C with a blood alcohol concentration of 0.127% to the road near the “F stations” located in Gangnam-si E.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the said car as stated in the above 1.1., and led the Defendant to make a right-hand turn to G elementary school in the vicinity of the “F station” located in Gangnam-si, Chungcheongnam-si.

At night, and in such a case, the driver of a motor vehicle is obliged to safely drive the motor vehicle by accurately manipulating the steering direction and brake system while under the influence of alcohol, because the center line of the yellow-ray is installed on the road where the defendant intends to make a right-hand, and thus the person engaged in driving the motor vehicle is obliged to drive the motor vehicle safely.

Nevertheless, the Defendant: (a) with blood alcohol content at 0.127%, was fluored so that snow is fluorous; (b) was fluored by a part of the fluor and nose was fluored; (c) was fluored by the median line while making a right-hand while driving in a state where normal operation is difficult, such as fluoring, walking, and walking; and (d) was fluored by the victim H(5-si) driver’s left-hand fluor of the victim H(5-si) who was under normal course on the opposite road; and (c) sustained injury to the victim, such as the fluoral fluor and tension that requires a two-day treatment

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the occurrence of H’s traffic accident;

1. Report on the occurrence of a traffic accident, report on a traffic accident, and site photograph;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and report on whether to drive any dangerous vehicle;

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

1. Criminal facts;