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(영문) 춘천지방법원 원주지원 2018.02.09 2017고단1029

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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 June 29, 2017, the Defendant driven a e-learning car under the influence of alcohol content of about 0.208% at the 2km section from the Defendant’s house located in B at Won-si to the “D” road located in C at the same time from June 29, 2017.

2. The Defendant is a person engaging in driving a vehicle as specified in paragraph 1.

On June 29, 2017, the Defendant driven the above vehicle at around 05:33, and led the front road of “D” located in “D” in “C” in “C” in the original city at the seat of the river room in Gangwon-do.

Since there is a private distance intersection that does not support by traffic control, there was a duty of care to drive safely by examining whether there is a vehicle entering the intersection for a person engaged in driving service.

Nevertheless, the Defendant neglected this and went through the intersection due to the negligence of entering the intersection, as described in paragraph 1, from the right-hand side to the left-hand side of the victim F (37 Do) driving, which passed the intersection from the right-hand side, as well as the part prior to the left-hand part of the Defendant vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury such as dump, tension, etc. in need of approximately one week medical treatment to the victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of regulating the driving of drinking, report on the situation of driving of drinking and report on the circumstances of the driver of drinking;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.