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(영문) 춘천지방법원 2018.06.21 2018고단329

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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

【Criminal Records of Crimes】 On September 9, 2013, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (drinking driving), etc. at the Changwon District Court on September 9, 2013, and a fine of KRW 3 million for a violation of the Road Traffic Act (drinking driving), etc. at the Sungnam Branch of Suwon District Court on March 7, 2007.

[Criminal Facts]

1. Although the Defendant had been subject to punishment twice or more due to drinking, on February 23, 2018, the Defendant driven a CSpo-type vehicle under the influence of alcohol content 0.219% from the 3km section from the 124 local restaurant in Switzerland-ro, Cheongcheon-si, Cheongcheon-si, to the front day of Chuncheon-si, around 19:30 on February 23, 2018, while under the influence of alcohol content 0.219%.

2. The Defendant is a person engaging in driving a vehicle C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from a dangerous driving).

On February 23, 2018, the Defendant proceeded along four lanes, one of four lanes, which had been in front of the Chuncheon City B in the front of the Chuncheon City.

At night, the location is the straight line of four lanes, and the driver of the motor vehicle has a duty of care to thoroughly operate the motor vehicle in the front line and to safely operate the motor vehicle along the following lines.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving while driving in a state where normal driving is difficult, and due to the negligence of the Defendant’s driving in the same manner, was driven by the victim D (60 taxes and South) waiting in three lanes in the direction of the Defendant’s proceeding with the back part of the Ebasi in front of the Defendant’s vehicle.

As a result, the Defendant suffered from the Defendant’s saves that require treatment for about two weeks by negligence in the course of business as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of Acts and subordinate statutes to a reply to inquiry, such as field photographs, actual survey reports, diagnosis reports, alcohol appraisal reports, and criminal history in the blood;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;