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(영문) 춘천지방법원 강릉지원 2018.10.19 2017고단517

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 9, 2017, the Defendant violated the Road Traffic Act (drinking) and the Road Traffic Act (dless driving) (divated driving) driving a B EX car while under the influence of alcohol of about 0.113% in alcohol while under the influence of alcohol, without obtaining a driver’s license, at a section of about 2 km from the 4:45 on the road near the breadth of the main direction located in Gangseo-si, Gangnam-si, the coast of which is 525 (Sol-dong) along the same city.

2. The Defendant is a person who is engaged in driving a EXE car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

The defendant, at the coast of 525 (Song-dong) along the coast of the city, Yung-si, the parallel of the power lines was driven from the west to the sloping.

Since there is a place where the wheel intersection is installed, there was a duty of care to operate safely by properly operating the steering direction and the brake system.

Nevertheless, the Defendant continued to proceed as it was due to the negligence of driving the vehicle under the influence of alcohol, and received the boundary of the intersection by the front part of the said car.

As a result, the Defendant suffered from the injury of the victim C (39 years) who was on board the said vehicle due to the negligence of driving the vehicle while normal driving due to the influence of alcohol, such as the left-hand flasium flasing down of the flasium in need of approximately 14 weeks of treatment, and the injury of the victim D (47 years of age) in need of approximately 2 weeks of treatment, such as the flasium and the flas, tensions, etc.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Report on internal investigation ( telephone investigation - D);

1. Reports on the occurrence of a traffic accident, reports on a traffic accident, and photographs on the scene of the accident;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the situation of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol), and report on whether to drive any danger;

1. The driver's license ledger of a motor vehicle;

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

1. Relevant provisions of the Act concerning facts constituting an offense;