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(영문) 춘천지방법원 강릉지원 2019.11.21 2019고단1092

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of the B-to-pur vehicle.

1. On May 9, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said car under the influence of alcohol level of 0.156% at around 07:05, and driven the said car along the three-lane one lane in the direction C in the direction of Gangwon-si and the direction C in the direction of Gangwon-si.

At this point, in front of a private street intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to drive the motor vehicle at a safe speed and in a safe manner, such as checking whether there is a motor vehicle parked in the signal signal at the front line.

Nevertheless, the Defendant, by negligence, neglected to stop in the front of the week, brought about the back part of the E-ray car driven by the victim D (the age of 32) who stops in the front of the passenger car in the same direction as the signal air, with the Defendant’s front part of the passenger car.

As a result, the Defendant driven a car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury such as salt pane of a light boom that requires treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving a sound driving) driving of a brupted vehicle under the influence of alcohol level of about 0.156% at the section of about 4 km from the G cafeteria in the above temporary shill city F to the place where the said accident occurred.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report and photographs of the accident site;

1. The circumstantial statement of the driver, and the report on whether to drive any dangerous motor vehicle;

1. Notification of the result of crackdown on drinking driving;

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 Article 5-11 of the former Road Traffic Act on the Punishment, etc. of Specific Crimes concerning the crime and the Selection of Punishment, etc.