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(영문) 춘천지방법원 원주지원 2018.05.09 2018고단163

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not more than ten 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 history] On September 8, 2016, the Defendant received a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) from the original Chuncheon District Court's original state branch on September 8, 2016.

[Criminal facts] The Defendant is a person who is engaged in driving a vehicle B's lurged vehicle.

1. On November 28, 2017, the Defendant was under the influence of alcohol at around 02:25, the Defendant driven the said car from the section of approximately 3km from the 3km to the roads front of the D gas station located in the same city, under the influence of alcohol level of 0.177% during blood transfusion.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) driven the said vehicle while under the influence of alcohol as stated in paragraph (1) 1 at the time of the day set forth in paragraph (1) of this Article, driving the said vehicle on the three-lane road in front of the D gas station in the original city C at the time of the original city along two-lanes.

At the time, there are nights and places where vehicle traffic is frequent, so in such a case, there was a duty of care to care in preventing accidents in advance by accurately manipulating the steering room and the steering system for the driver of the vehicle.

Nevertheless, the Defendant neglected this and failed to operate the brake system accurately due to the influence of drinking, and thereby was negligent in not operating the brake system accurately, and the part of the back part of the FSP car driven by the victim E (58 tax) was driven by the Defendant’s driver in front of the car.

Ultimately, the Defendant, while driving in a state where normal driving is difficult due to influence of drinking, sustained injury to the victim E, such as salt pans, tensions, etc. in light of the influence of drinking for about two weeks, and suffered injury to the victim G (V, 57 years old) who was on board the said sprink car for about two weeks, such as light pans, tensions, etc.

Summary of Evidence

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