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(영문) 춘천지방법원 강릉지원 2018.08.23 2018고단549

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is engaged in driving a rocketing car.

On June 9, 2018, the Defendant driven the said car under the influence of alcohol level of 0.140% among the blood transfusion around 18:30 on June 9, 2018, and led the front road of Gangseo-si C to the Han-gu elementary school at the intersection of the monthly transmission.

Since there was a vehicle stopping at the front of that place, there was a duty of care to prevent accidents in advance by driving the vehicle safely, such as thoroughly performing the duty to stop on the front side, reducing speed, and accurately operating the steering direction and brake system.

Nevertheless, under the influence of alcohol, the Defendant was driven by the victim D(W, 48 years old) who was making a stop in the front bank and was driven by the victim D(W, 48 years old).

As a result, the Defendant, while driving the said car under the influence of alcohol that is difficult to drive normally, suffered bodily injury such as the victim FF (F, 22 years old), the victim G (V, 19 years old), and the victim H (V, 16 years old) who was on board the said car with the victim D and the said MV car, respectively.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a B rocketing car under the influence of alcohol at approximately 0.140% in the 10km section from the 10km section to the 1282 west-si coast from the 1282nd to the place indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. On-site photographs;

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

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of risk driving) as to the crime under the corresponding provision of the Act.