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(영문) 춘천지방법원 강릉지원 2016.09.29 2016고단989

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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. On July 2, 2016, the Defendant driven a C golf car under the influence of alcohol content of about 0.141% in a section of about 750 meters, from the road near the second camping site of a bathing beach on the network in the east Sea at the time of the East Sea to the road near the network convention center in the same Dong.

2. The Defendant is a person who is engaged in driving a golf car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On July 2, 2016, around 20:54, the Defendant driven the said car while under the influence of alcohol of 0.141% in blood on the roads near D in the East Sea, and led it to turn to the left at the central parking lot from the side of the 2 camping site of the Bathing Beach.

At the same time, there was a motor vehicle in the opposite part, so in such a case, there was a duty of care to reduce the speed and prevent the accident in advance by properly examining the right and the right of the driver.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving a vehicle in the Ftith of the Ftith drive of the Victim E (51) with the left front part of the vehicle in the Defendant’s drive.

As a result, the Defendant suffered injury to the above victim in the above occupational process and room, such as salt, tension, etc., in which treatment for approximately two weeks is required, and injury to the victim G (V, 50 years of age) who is a passenger of the car in the T-gu passenger car in the above T-gu Gu, about two weeks of treatment, including light salt, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A survey report on actual condition and a written diagnosis;

1. Application of Acts and subordinate statutes to a report on risk driving and the results of crackdown on drinking driving;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes 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 concerning the crime;

1. The Commercial Concurrent Crimes Act.