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(영문) 춘천지방법원 원주지원 2018.04.11 2017고단1192
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the defendant shall be sentenced to the above punishment for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 12, 2017, the Defendant was driving a C-learning car under the influence of alcohol content of about 0.229% from the 1km section of the blood, from around the speed bus terminal near the speed bus terminal located in 181 at the city of prime city, to the e-mail of the rural village located in the original city of prime city, as Seowon-si around 04:28, 201.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person who is engaged in driving a motor vehicle of C bargaining.

On October 12, 2017, the Defendant driven the above car at around 04:28, and proceeded with the private distance of the rural village at the original city level from the underground passage to the view of the viewing distance.

Since there is an intersection in which signal apparatus is installed at the front, there was a duty of care to safely drive the driver of the motor vehicle by accurately operating the front door and the left and the right of the motor vehicle, and by accurately operating the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol content 0.229% in blood, did not see the front bank well, operated without accurately operating the steering direction and brakes, and by negligence, driven by the victim D(47 tax) who stops in the signal atmosphere, and received the back part of the Erocketing and other vehicles by the Defendant as the front part of the said vehicle.

As above, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as catum salt in need of treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to report the occurrence of traffic accidents and notify results of drinking driving control;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution;

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