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(영문) 춘천지방법원 강릉지원 2017.11.29 2017고단1237

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 2, 2013, the Defendant was issued a summary order of KRW 5 million for a fine of KRW 5 million due to a violation of road traffic law at the Gangnam branch of the Chuncheon District Court (drinking). On May 21, 2016, the Defendant was issued a summary order of KRW 5 million due to the same offense in the same court.

On October 3, 2017, the Defendant driven a G Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wnhn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Won

As a result, the Defendant violated the prohibition clause on drinking at least twice, and drives a motor vehicle under the influence of drinking in violation of it again.

2. The Defendant is a person who is engaged in driving a motor vehicle with lurburged G lurgy, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On October 3, 2017, the Defendant driven the above car at around 00:55, and led the F hospital located in Gangnam-si E to the intersection of the F hospital located in Gangnam-si, bypassing the intersection from the side of the D coffee parking lot to the East Saemaeul Treasury.

At the same time, there was a motor vehicle parked on both sides of the road, so there was a duty of care to safely drive the motor vehicle by accurately manipulating the steering right and the steering gear.

Nevertheless, the Defendant neglected this and failed to make a right-hand turn properly, and thereby, got a part of the victim H(32 Do) driver’s left-hand door of the passenger car driving from the port side of the Defendant’s car.

Ultimately, the Defendant’s negligence of driving a motor vehicle in a situation where normal driving is difficult due to influence of alcohol, thereby causing the above victim’s injury, such as salt, tension, etc., which requires approximately two weeks of medical treatment, and the victim’s J which was accompanied by the said BMW vehicle.