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(영문) 춘천지방법원 강릉지원 2019.01.25 2018고단1219

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving motor vehicles B.

On October 20, 2018, the Defendant was under the influence of alcohol 0.167% in blood alcohol level on October 20, 2018, and was driving the said car and driving it along the first line national highways of the Do-Eup, Do-Eup, which are located in the Do-Eup red electric field 9, in the direction of the Do-do.

At the time, since the passage of vehicles is at night and at a place where the passage of vehicles is frequent, there was a duty of care to safely drive the steering system by accurately manipulating the steering system and the steering system.

Nevertheless, the Defendant neglected this and neglected to walk 0.167% of blood alcohol level, and received a retaining wall on a road, which is installed on the right side of the Defendant’s running direction, due to the negligence that the Defendant was unable to live well in the situation where normal driving is difficult due to the influence of drinking, such as being snicked in a red and normal manner, and thus, it was difficult for the Defendant to drive normally.

Ultimately, the Defendant suffered, by negligence in the course of performing the above duties, the injury to the victim C (V, 21 years old), who is the passenger of the above vehicle, such as salt pans, etc. in the part requiring approximately two weeks medical treatment, and the injury to the same victim D (V, 20 years old), such as heat and marin, in which the number of days of medical treatment cannot be known.

2. On October 20, 2018, the Defendant driven the said vehicle at a section of approximately 2.5 km from the front of the “F” road to the place where the accident described in paragraph (1) occurred when he was under the influence of alcohol of 0.167% of blood alcohol level around 23:35, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A report on the occurrence of a traffic accident, a report on actual condition survey, each field map, and on-site photographs;

1. Notification of the control of drinking driving, report on the circumstances of drinking drivers, and dangerous driving; and