beta
(영문) 춘천지방법원 강릉지원 2019.10.10 2019고단969

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person engaged in the operation of the B-to-pur vehicle.

1. On July 15, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was driving the said vehicle under the influence of alcohol level of 0.185% at around 21:52 on July 15, 2019, while driving the said vehicle, and driving the two-lane road in front of D in Gangwon-si C along the same direction as the one in the direction of a valley from the E apartment room.

Since there is a center line of yellow-ray, a person engaged in driving duty has a duty of care to pass along the right side of the center line.

Nevertheless, the Defendant neglected to do so and did not move to a stroke while under the influence of alcohol and shocked the front part of the victim FF (the age of 33) driving G QM5 car to the front part of the Defendant’s car.

As a result, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as crypum dump, which requires approximately two weeks of medical treatment, to the victim.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol 0.185% in the section of approximately 1 km from the Do in front of the public health clinic in the city of the same city from the Do in the city of the city of the Gangseo-si in the city of the above time and from the Do in the front of the D-dong road.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual condition survey report and photographs of the accident site;

1. A medical certificate;

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. A report on whether to drive any dangerous motor vehicle;

1. Application of Acts and subordinate statutes to report internal accidents (a CCTV verification investigation for crime prevention);

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. The former part of Article 37 and Article 38 of the Criminal Code to increase concurrent crimes.