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(영문) 춘천지방법원 원주지원 2020.04.29 2019고단1564

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] The Defendant is a person who received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act in the original state support of the Chuncheon District Court on May 26, 2017.

【Criminal Facts】

1. Around 08:25 on December 12, 2019, the Defendant driven a DNA rocketing car under the influence of alcohol content of about 0.132% in the section of approximately 2.6km from the front line B to the front line C of the same city.

As a result, although the defendant had a record of punishment for drunk driving, he driven a motor vehicle under the influence of alcohol.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) is a person engaging in driving a DNA rocketing car.

On December 12, 2019, at around 08:25, the Defendant: (a) while driving the said vehicle with alcohol level of 0.132% in alcohol level; (b) while driving the vehicle in front of C at the original week, the Defendant neglected his/her duty of care to safely drive the vehicle while complying with the central line; and (c) neglected his/her duty of care to care to safely drive the vehicle in front of C; and (d) neglected his/her duty to care to care to care in driving the vehicle in front of the center line; and (e) neglected his/her duty of care to care to care in driving the vehicle in front of the center line; and (e) received the part on the left-hand side

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury to a victim, such as a hot spring, which does not have two or more open situations requiring medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a yellow survey report, and an accident site photograph;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. A report on whether to drive any dangerous motor vehicle;

1. A medical certificate;

1. Criminal records, investigation reports (Attachment of a summary order of the same kind), and application of Acts and subordinate statutes concerning the summary order;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.