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(영문) 춘천지방법원 강릉지원 2017.12.08 2017고단1280

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is engaged in driving a rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On October 7, 2017, the Defendant driven the said car under the influence of alcohol level of 0.144% from the blood transfusion around 19:25 on October 7, 2017, and led the Defendant to proceed to the main port from the middle school of Gangseo-si.

At the time, there was a cross-section at the front of that place, and thus, there was a duty of care to prevent accidents in advance by driving safely, such as reducing speed and accurately manipulating the steering and brakes.

Nevertheless, under the influence of alcohol, the Defendant was negligent by the negligence of bypassing at the intersection as it is, and was driven by the victim D(32 tax) who was stopped pursuant to the stop signals at the opposite line, and was driven by the Defendant as the front driver of the vehicle driving by the Defendant.

Ultimately, the Defendant, while driving the said car under the influence of alcohol that is difficult to drive normally, suffered from the injury of the victim FF (27 years old), the victim G (26 years old), the victim H (53 years old), and the victim I (25 years old) in need of approximately two-day medical treatment, and the injury of the climatic base and the tension that require approximately three-day medical treatment.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant under the influence of alcohol level 0.144% in the section of approximately 2 km from the middle school located in Gangseo-gu Seoul Special Metropolitan City, Chungcheongnam-si to the place indicated in paragraph (1) 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, a report on the actual condition, a report on the results of the control of drinking driving, an investigation report (an investigation of any clerical error in entry into pda), and a statement of the situation of the driver in charge; and