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(영문) 춘천지방법원 강릉지원 2019.01.30 2018고단1189

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 two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a EXE car.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was committed on October 18, 2018 by the Defendant driving the said car at around 03:0, while driving the said car, the crossing of the shooting distance in front of the 173 Don Dong Residents' Center in Gangseo-ro 173, Mann-si, Gangwon-do, and straightening the intersection from the bank of the central postal office

At this point, since it is a private-distance intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to see the front side of the entry into the intersection, observe the direction of signal apparatus, and drive the motor vehicle safely.

Nevertheless, the Defendant neglected this, while driving the said vehicle under the influence of alcohol content of 0.157% by driving it, and opened it to the intersection while the electric traffic signal is low. However, the Defendant fell into the front part of the motor vehicle of the Defendant, which the victim C(40 years old) driving by green signals from the right side of the mashed off to the left side of the mashed off by green signals.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim C, such as salt, tension, etc. in need of a two-day medical treatment, injury to the victim E (39 years old) who is the passenger of the victimized vehicle, such as clock and tension, which requires two-day medical treatment, and injury to the victim E (39 years old) who is the passenger of the victimized vehicle, such as clock and tension, which requires two-day medical treatment, respectively.

2. The Defendant violated the Road Traffic Act (driving) driven the said car while under the influence of alcohol with a blood alcohol concentration of 0.157% at the above date and at the above place.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the occurrence of a traffic accident C;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a photograph of the accident site;

1. Any notification of the results of the drinking-driving control and any investigation report shall be made to the driver;