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(영문) 춘천지방법원 원주지원 2019.06.26 2019고단196
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a vehicle BMW 520D

On January 11, 2019, at around 04:50, the Defendant: (a) while driving a motor vehicle while driving the said motor vehicle and driving the motor vehicle in front of C at the prime week, the Defendant, despite the duty of care to safely drive the motor vehicle by taking into account the right and the left and right of the front and right of the motor vehicle; (b) neglected to drive the motor vehicle under the influence of alcohol; and (c) received the part of the victim D (the age of 42) bridge on the motor vehicle for environmental aestheticization in front of the motor vehicle as the front part of the motor vehicle of the Defendant’s vehicle.

As a result, the Defendant driven a car as above while driving it is difficult to drive due to influence of drinking, and suffered injury, such as the impairment of the left-hand leg and the structural frame of openness, etc. by the victim for about eight weeks of medical treatment.

2. Around 04:50 on January 11, 2019, the Defendant driven a BMW 520d car under the influence of alcohol concentration of 0.204% at a section of approximately 1.5km from the front line of the investigation distance of the law without a driving in the original city to the front line of the original city, from January 11, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The application of Acts and subordinate statutes to any investigation report on actual condition, report on whether to drive any danger, report on the results of the control of drinking driving, report on the scene of accident, medical certificate, and each investigation report;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 148-2 (2) 1 and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018) concerning the crime;

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

1. Each of the crimes in this case under Article 62(1) of the Criminal Act is a first offender, although there are circumstances unfavorable to the defendant, such as the nature of the crime and the fact that the crime is very heavy in light of the influence of alcohol and the result thereof.

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