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(영문) 춘천지방법원 원주지원 2017.12.21 2017고단234

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for two years.

The execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 28, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was under the influence of alcohol concentration of 0.291% during blood transfusion on December 28, 2016, and proceeded with the front front of the East Bosch Rexroth seven apartment in the original city of 2037, in the original city of nuclear power.

At the time, C driver's D urban bus stops at a bus stop. In such a case, the Defendant, who was engaged in driving of the vehicle, had a duty of care to prevent accidents in advance by thoroughly operating the brake system in accordance with the progress of the vehicle driven prior to the front time. However, the Defendant, due to influence of alcohol, neglected the front time while driving the vehicle normally difficult and failed to properly operate the brake system, caused the Defendant to inflict an injury, such as fluor, etc., on the victim E (the bus 57 years old), who is a bus passenger, by taking care of the front part of the Defendant’s driver’s vehicle.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said car from around 1 km to the place where the said accident occurred, while under the influence of alcohol content of 0.291% during the blood transfusion at the time of the above day.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each statement;

1. A report on the occurrence of a traffic accident, a report on the actual condition, a report on the results of regulating drinking driving, a report on the situation of a driver who is placed in driving and a report on the circumstances of

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The alcohol concentration in blood for the reason of sentencing under Article 62(1) of the Criminal Act is close to 0.3%.