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(영문) 춘천지방법원 원주지원 2017.10.18 2017고단667
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 engaging in driving a vehicle BM5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On June 17, 2017, the Defendant driven the said car under the influence of alcohol content of 0.204% from blood transfusion around 23:05, and driven the D motor vehicle in front of the oil station in the original city C at the original city, along the two-lanes between the surface of the site and the international apartment bank.

At the time, the Defendant was following the Victim E(61) driving on the same lane, and in such a case, there was a duty of care to prevent accidents in advance by properly manipulating the brake system in line with the progress of the vehicle that was driven prior to the driving of the vehicle by securing the safety distance for those engaged in driving of the vehicle, and by properly manipulating the brake system in line with the driving situation of the vehicle.

Nevertheless, the Defendant neglected to drive the taxi in a situation where it is difficult for the Defendant to drive the taxi normally due to influence of alcohol as above, but failed to properly operate the brake system, and thereby was negligent in failing to properly operate the brake system, and received the back part of the said taxi as the front part of the passenger car of the Defendant.

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

2. Defendant 1 driven BM5 automobiles under the influence of alcohol concentration of about 0.204% from the 180-meter section from the front road located in G in the city of Won-si at the time of the day, such as the above paragraph 1 to the place of the above accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Notice of the result of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

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 (the point of causing injury to the driving of danger) and Article 5-11 of the same Act concerning the crime.

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