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(영문) 춘천지방법원 2020.06.18 2020고단254

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for 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 (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving automobiles B;

On February 22, 2020, the Defendant driven the said car under the influence of alcohol level of 0.106% on blood alcohol level around 22:40, and proceeded at the speed of about 50km at the speed of 50km from the e apartment protection area to the F apartment protection area of the D convenience store located in Gangwon-si, Gangwon-si.

Since there is an intersection where a signal, etc. is installed, a person engaged in the driving of a motor vehicle has a duty of care to safely drive the motor vehicle, such as entering the intersection in accordance with the new code.

Nevertheless, the Defendant neglected to drive under normal conditions due to influence of alcohol and continued to drive on the left side of the road, and received the back door of the victim G(the age of 41) driving that entered the intersection on the left side of the road from the Defendant’s driving to the front door of the passenger car.

Ultimately, the Defendant suffered, by negligence in the course of performing the above duties, the injury of the victim G, such as “satisf and tensions,” which requires approximately two weeks of treatment to the victim G, the injury of the victim’s “satisf and tension NOS,” which requires approximately two weeks of treatment to the I (26 years of age), and the injury of the victim’s satisfe, etc., of “in the number of days of treatment,” which is the satisf, etc. of the pleke wall

2. The Defendant, while under the influence of alcohol content 0.106% at the above time, driven a B-hand car from the front of the “L” road located in K in Gangwon-si, Gangwon-do to the front of the D convenience store located in the same city C from approximately 200 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the actual condition of the traffic accident, and related photographs;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. G statements;

1. Application of the relevant laws and regulations to G, I and J

1. Relevant provisions concerning facts constituting an offense;