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(영문) 춘천지방법원 원주지원 2017.07.24 2017고단531

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Power of crime] On November 12, 2002, the defendant was issued a summary order of KRW 1 million for a crime of violation of road traffic law at the original Chuncheon District Court's original state branch on November 12, 2002, and a fine of KRW 3 million for the same crime at the same court on June 8, 2004.

[Criminal facts]

1. The Defendant is a person engaging in driving a vehicle BM5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On February 7, 2017, the Defendant driven the said car under the influence of alcohol concentration of 0.211% during blood transfusion around 14:45, while driving the said car, and driving the front road C in front of the original city into the shooting distance range of the environmental office.

At the same time, the Echier XG car driven by the victim D (n, 60 years old) was stopped in the signal atmosphere. In such a case, the driver of the vehicle had a duty of care to prevent the accident in advance by thoroughly operating the brake system in accordance with the progress situation of the vehicle that occurred earlier through thorough operation of the front-way vehicle.

Nevertheless, the Defendant neglected this and neglected to drive normally due to the influence of drinking, and neglected to properly operate the brake system, and thereby caused the Defendant to receive the back part of the franchise-low vehicle to the front part of the passenger car.

As a result, the Defendant suffered injury to the victim, such as catum salt and tension, which requires approximately two weeks of medical treatment by occupational negligence as above.

2. Defendant 1 driven the above SM5 vehicle under the influence of alcohol content of 0.21% from the 1.9km section to the place of the accident, from the 1.9km section from the day to the day of the above paragraph (1) at the time of the day and the day before the day of the “SM5 vehicle” restaurant in 851-23, Young-si, Young-si, Young-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Report on the occurrence of a traffic accident;