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(영문) 춘천지방법원 원주지원 2018.07.19 2018고단311

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On December 5, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act at the Incheon District Court on the grounds of a violation of the Road Traffic Act, and on June 2, 2015, the Defendant was sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution for the same crime.

On December 22, 2017, the Defendant driven a DPoter II cargo vehicle from approximately 10 meters to the opposite 10 meters away from the apartment site in the front of the new apartment that was located in the Hanju-ro 102, under the influence of alcohol content of 0.147% during blood transfusion around 00:01.

2. On December 22, 2017, the Defendant driving the above cargo vehicle around 00:01, and driving the vehicle along the two-lanes of the front of the said apartment, along the two-lane distance from the horizontal distance flooding from the front of the said apartment, and driving the two-lanes in the opposite line.

Since there is a place where the center line of the yellow solid line is installed, the Defendant, who was engaged in driving service, has a duty of care to refrain from breaking the center line, but the Defendant neglected this duty and was parked in the front part of the right-hand part of the Defendant’s driving vehicle due to the occupational negligence of the injured Party E (Y, age 35) driving, which was going on the opposite lane due to the difficult driving due to the influence of drinking, due to the occupational negligence of the center line in the situation where normal driving is difficult due to the influence of drinking. The part of the Defendant’s driving vehicle in front of the left-hand part of the Defendant’s driving vehicle was parked in the front part of the right-hand part of the damaged vehicle.

G The franchise caused injury to the victim, such as damage to the integrity and strawing, which requires treatment for about two weeks after the left-hand part of the passenger car.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and H;

1. The survey report on actual condition, the report on occurrence of a traffic accident, the report on the circumstances of the driver in charge, the report on whether to drive any danger, the report on the circumstances of the driver in charge, the report on the results of regulating the driving of drinking, and the medical certificate;