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(영문) 춘천지방법원 강릉지원 2018.05.03 2018고단204

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six 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. The Defendant is a person engaging in driving a B-learning passenger car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On January 19, 2018, the Defendant driven the said car at around 20:40, and led the two-lane road in the front of the “D” located in Gangnam-si C, along the two-lanes from the side of the “use angle.”

Since a crosswalk is installed, the driver of the vehicle has a duty of care to safely drive the vehicle by taking into account the surrounding areas of the person who is engaged in driving the vehicle.

Nevertheless, the Defendant neglected to do so, while driving a vehicle while under the influence of alcohol on a level of 0.280%, so that alcohol concentration in the blood is 0.280%, the Defendant was negligent in driving the vehicle without looking at the surrounding area properly and without looking at the direction of the running of the vehicle in question on the right side of the victim E (W, 51 years old) (W, 51 years old) with the left part of the said vehicle.

Ultimately, the Defendant suffered from the Defendant’s occupational negligence as above, on the left side of the left side where treatment for about two weeks is required.

2. On the date specified in the above paragraph 1, Defendant 1 driven the frighting car under the influence of alcohol content of approximately 0.280% from the 3.5km section from the 23-1 mn-ro n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. n. k

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. A traffic accident report;

1. On-site photographs;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, and report on whether to drive any danger;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Road Traffic Act concerning the crime (the act of causing bodily injury to the driving of danger) and the Road Traffic Act.