beta
(영문) 춘천지방법원 2021.01.27 2020고단1186

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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. The Defendant is a person engaging in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On July 21, 2020, the Defendant driven the above vehicle under the influence of alcohol level of 0.164% in alcohol while under the influence of alcohol alcohol, and led to the driving of the above vehicle under the influence of normal driving due to the influence of alcohol, and led to the driving of the front road in Chuncheon City C from the offline of the Corporation to the flow distance from the offline of the road of the Corporation.

In such cases, a driver of a vehicle has a duty of care to live well on the right and the right and the right and the right and the right and the right and duty of care to accurately operate and drive the steering gear.

Nevertheless, the Defendant, by negligence in the course of driving the Defendant’s vehicle by neglecting this, suffered injury, such as salt, tension, etc. of the front part of the Defendant’s vehicle, which is driven by the victim E (38 Do) who is parked under the new subparagraph (38) from the front part of the Defendant’s vehicle, by taking the front part of the front part of the vehicle and requiring approximately two weeks medical treatment for the victim.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. On July 21, 2020, the Defendant: (a) driven a BS-type car under the influence of alcohol content of at least 0.164% at a section of approximately 1.5 km from the G market front to D in the same city from the G market in Chuncheon-si to the front roads in the same city C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Investigation report (report on the situation of the driver in charge); and

1. Statement report on the circumstances of a driver who is placed in driving, report on whether to drive any danger, inquiry into the results of crackdown on the driving of drinking and a survey report on actual condition;

1. A medical certificate;

1. Application of the statutes governing traffic accident-related photographs;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and the choice of punishment (in the case of dangerous driving).