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(영문) 춘천지방법원 원주지원 2017.09.13 2017고단689
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 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 who is engaged in driving a vehicle B with the following spores, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On December 06, 2017, the Defendant driven the said car under the influence of alcohol content of 0.154% among blood transfusion around 04:40 on December 12, 2017, while driving the said car, and driving the front road of the original city C along the two-lanes of the two-lanes between the two-lanes of the central highway south-west and the main stream of the local highway.

At the same time, the victim D(61) driving car of the victim D(61) driving was stopped in the signal atmosphere, so in such a case, the driver of the vehicle had a duty of care to prevent the accident in advance by thoroughly manipulating the brake system in accordance with the driving situation of the vehicle prior to the operation of the vehicle through thorough operation of the front time.

Nevertheless, the Defendant neglected this and neglected to drive in a state where normal driving is difficult due to influence of drinking, and neglected to operate the operation of the operation system at a time, and received the part of the back crime part of the above low typ vehicle in front of the Defendant’s car.

As a result, the Defendant suffered injury to the victim, such as brain salvin, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. On the day specified in paragraph 1 above, Defendant 1 driven B-k-k-h-h-h-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual condition and an accident scene photograph;

1. Report on the situation of driving, notification on the result of crackdown on drinking driving, and response to a request for appraisal;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of risk driving) concerning criminal facts and Article 5-11 of the Act on the Aggravated Punishment, etc.

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