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(영문) 춘천지방법원 원주지원 2017.06.27 2017고단426
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

1. On February 24, 2017, the Defendant, while under the influence of 0.198% of alcohol during blood transfusion around 23:00, proceeded two lanes prior to the point where the Hanju Agricultural Co., Ltd. opened the 30-lane road at the original city, following two lanes in the apartment room in the remote distance.

Inasmuch as a victim D(31)-driving car in the front section of the vehicle at the time was stopped, the Defendant, who was engaged in driving of the vehicle, had a duty of care to thoroughly operate the brake system in accordance with the progress of the vehicle that occurred earlier by thoroughly operating the front section of the vehicle, thereby preventing the accident in advance. However, the Defendant neglected the front section in a state where normal driving is difficult due to influence of alcohol and did not operate the brake system from time to time due to occupational negligence, which caused the Defendant’s injury to the Defendant, such as a troke part of the troke part of the vehicle at the front section of the vehicle of the Defendant’s truck, and caused the Defendant’s injury to the Defendant, such as a hot spring, which does not have two main points where treatment is required for about two weeks.

2. Violation of the Road Traffic Act (drinking) Defendant 1 driven the above cargo while under the influence of alcohol with about 00 meters alcohol concentration of about 0.198% in blood from the day before the commercial influence cafeteria, which was in the first time in the city of the city of the city of the city of the city of the city of the above day to the place of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Report on the occurrence of a traffic accident, report on the actual condition of the driving, report on the circumstances of the driving of the driver at the driving, report on the circumstances of the driving of the driver at the driving, and report on the results of regulating drinking;

1. Application of the statute applicable to the written diagnosis;

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

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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