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(영문) 춘천지방법원 영월지원 2017.01.17 2016고단459
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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. On July 27, 2016, the Defendant was under the influence of alcohol concentration of about 0.173% from the 20km section to the national highway located in the 31st national highway in the front of the original restaurant in the Dong-dong, Young-gu, Gangwon-gu, Seoul Special Metropolitan City, Gangwon-do, to the 31st national highway in the same military, the Defendant driven a CF rocketing car under the influence of alcohol concentration of about 20km.

2. The Defendant is a person engaged in driving a motor vehicle as stated in paragraph (1) of this Article, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

The defendant operated the above car at the time of the day set forth in paragraph 1, and proceeded with the 31 national highway located on the 31st national highway, which is located in the Taecheon-gu, Taecheon-gu, Taecheon-do, Taewon-gun, to the direction of the tin port at the port of police box.

At the time, the letter, where the center line of the yellow-ray was installed at night and at that time, was bended by the first line, so, the driver of the motor vehicle is not able to drive the motor vehicle in a state where normal operation is difficult due to drinking, and there was a duty of care to prevent accidents by safely driving the motor vehicle, such as complying with the vehicle line and checking the right and the right before and after, and after,.

Nevertheless, the Defendant neglected this and received, as described in paragraph (1) above, the front pent part of the EF M&A car driven by the victim D (son, 62 years old) who had been driving in the opposite direction due to the negligence of operation under the influence of normal operation under the influence of alcohol, and received the back wheel part of the EF M&A car.

As a result, the Defendant suffered salt, tensions, etc. from the victim, which requires approximately two weeks of medical treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. A report on investigation (Attachment of a medical certificate for a victim) and a medical certificate attached thereto;

1. A report on investigation (to be accompanied by an appraisal report on alcohol during blood) and an appraisal report attached thereto;

1. A traffic accident report;

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