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(영문) 춘천지방법원 2018.10.30 2018고단816

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight 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 history] The Defendant was issued a summary order of KRW 700,000,000 as a fine for a crime of violating road traffic law at the Chuncheon District Court on December 11, 2008, and a fine of KRW 1.5 million as a same crime in the same court on October 19, 2012.

[Criminal facts]

1. The Defendant is a person who is engaged in driving a Clearning car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On July 13, 2018, the defendant driving the above car around 06:00, while driving it into the National Police Agency of Gangwon-do in front of Chuncheon-si.

A person engaged in driving service of a car has a duty of care to prevent accidents by accurately operating the steering direction and brake system, and by accurately operating the steering direction and brake system.

Nevertheless, the Defendant, while under the influence of alcohol content of 0.150% in blood, neglected the duty to drive in the front and the safety while under the influence of alcohol, neglected the duty to drive the FF car of the victim E (60) in the front bank of the Defendant, but stopped in the signal atmosphere, and shicked the back part of the damaged vehicle.

As a result, the Defendant suffered a scarcity of a scarcity that needs to be treated for approximately two weeks due to the above occupational negligence in a state where normal driving is difficult due to the influence of drinking.

2. Violation of the Road Traffic Act (drinking) driving the said vehicle under the influence of alcohol with about 0.150% of alcohol concentration in blood on the section of approximately 2.5km from 170m to 30m to 2.5m to 3m to 3m to 47m to 3m to 47m to 3m to 4m to 5m to 3m to 4m to 3m to 4m to 5m to 3m to 4m to 5m to 4m to 4m.

As a result, the Defendant, who violated the prohibition of drinking under the Road Traffic Act at least twice, was driving a vehicle again.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. To inquire into the circumstances of the driver involved in driving and the results of the crackdown on drinking driving;