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(영문) 춘천지방법원 원주지원 2018.01.25 2017고단1183

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six months.

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

1. On June 27, 2017, the Defendant, while under the influence of alcohol 02:00 on a blood alcohol level of 0.118%, driven the CMF5 car at the distance of about 2 km from the site in front of the original city, to the apartment apartment distance of approximately 1662, from the site in front of the original city at the original city at the original city.

2. Defendant 1 driven the said car under the influence of alcohol at the time of the above day while driving the said car, thereby running the said shooting distance from the right edge of the transmission road to the Ammc apartment.

Since there was an intersection where a signal, etc. was installed, the defendant had a duty of care to report the situation of traffic on the front side and prevent an accident in advance pursuant to the signals, but the defendant was negligent in the course of business due to the above negligence in the course of business where he was unable to see the front side by violating the signal while normal driving is difficult due to influence of drinking, and the defendant suffered from the injury of the victim F (the 29 years old), who is the passenger, such as the salt, tension, tension, etc. in need of treatment for about two weeks, and the victim F (the 29 years old), who was in need of treatment for about two weeks in the front side of the driver's vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of all traffic accidents;

1. A traffic accident report, a survey report on actual condition, a report on the circumstances of the driving of the main week, a report on circumstantial statements, a report on detection and a report on whether to drive any danger;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 44-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime committed under the relevant provisions of the Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.