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(영문) 춘천지방법원 2017.05.30 2017고단212

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than one year and 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

The defendant is a person who is engaged in driving a DM car.

1. On January 23, 2017, the Defendant driving the said vehicle while under the influence of alcohol content of 05:00 on a blood alcohol level of 0.258% on the grounds of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and driving the said vehicle at a master’s degree of 0.258% on the same side of the Gangwon National University, and led the Defendant to turn to the left.

Since there is an intersection where signal lights are installed, all drivers have a duty of care to safely operate in accordance with the signals.

Nevertheless, the Defendant, while under the influence of alcohol without fulfilling such duty of care, went through a left turn as it is in the stop head, and went in accordance with the straight line from the opposite opposite lane by negligence, and brought the front part of the Fabured car driven by the victim E (45 years old, South) with the front part of the Defendant’s vehicle.

As a result, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as the removal of chests, which requires a treatment for about nine weeks, to the victim G (22 years old, south) on the top of the Defendant’s vehicle, who was on board the Defendant’s vehicle for about five weeks, such as the removal of the inner wall, which requires a treatment for about five weeks.

2. The Defendant on the violation of the Road Traffic Act (drinking driving) driven the above math vehicle within a section of approximately one kilometer from a fluor’s alley to the above master’s distance under the influence of alcohol 0.258% in blood at the above date and on the same date.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A H statement;

1. A report on whether to drive any danger or a written appraisal of alcohol concentration in the blood;

1. A report on internal investigation (related to an witness);

1. The actual survey report and on-site photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime as provided in the corresponding Article of the Act.