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(영문) 춘천지방법원 강릉지원 2017.09.01 2017고단541

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence 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 of freight vehicles of Category C 1 ton.

1. On April 16, 2017, the Defendant violated the Road Traffic Act: (a) driven the said cargo vehicle under the influence of alcohol of about 0.114% of alcohol content at a section of about 1km from around the 1km-dong Yancheon-dong Rocheon-si to the 143 west-si Yung-si Rool-si road.

2. Defendant 1: (a) driven the above cargo vehicle at the end of the day specified in the above paragraph (1) and driven by two lanes in front of the traffic distance of the 143-lane from the intersection of Gangseo-si to the chill road; and (b) discovered a car by E-label of the victim D (25 years old) who was waiting at the front of the traffic in the front of the road while it is difficult to drive the vehicle normally under the influence of alcohol, as described in the above paragraph (1) due to negligence in failing to accurately operate the vehicle operating the operating system of the vehicle; (c) caused the victim’s back part of the vehicle in front of the cargo vehicle of the Defendant 1 to incur injury to the victim D, such as salt, tension, etc. in need of treatment for about two weeks; and (d) injury to the victim, such as the victim’s 3-day driver’s knife and the victim’s knife, who was in the front of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to each of the reports on the occurrence of traffic accidents, on-site surveys, field photographs, notification of the results of regulating the driving of drinking, report on whether to drive any danger, report on the situation of the driver in charge of driving, report on the situation of the driver in charge, investigation report, investigation report on the person in charge of driving, and medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by the driving of each hazard) concerning the crime, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Article 40 of the Criminal Code of the Commercial Concurrent Crimes (the injury or injury caused by a dangerous driving) is between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.