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(영문) 춘천지방법원 2020.04.29 2019고단1245
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the duty to drive a Grand Co., Ltd.

On October 29, 2019, the Defendant, while under the influence of alcohol 01:25% of blood alcohol level, driven the said fluoring vehicle and proceeded to turn to the left in accordance with the new subparagraph by driving the D's front road in Chuncheon City C from the E apartment bank to the exit distance.

At the time, since the center line is marked at night and is located in the yellow domin line, there was a duty of care to safely drive a motor vehicle in advance so that a person engaged in the driver's duty of driving the motor vehicle, who is well in the duty of driving the motor vehicle, and who operates the steering boat and the brake system in a correct manner, so as not to disturb the central line and prevent accidents.

Nevertheless, the Defendant neglected this and neglected to drive the steering gear in a state where normal driving is difficult, such as being lusent, heavy, long-distance, red, and so on, and due to the negligence committed by the central line, and by negligence, the Defendant was placed in front of the driver’s seat in the vehicle of the Defendant. The Defendant was placed in the front part of the driver’s seat in the vehicle of the Defendant, which is driven by F, which is driven by F, coming from the first lane of the opposite part.

As a result, the Defendant, under the influence of drinking, was unable to drive normally, and the Defendant sustained injury to the victim H (the 27 years of age) who is the passenger of the said high-speed passenger car by driving the said high-speed passenger car, due to the influence of drinking, for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A criminal investigation report (report on the circumstances of a host driver) and a criminal investigation report (verification of a black boxes and video CDs);

1. A survey report on actual condition, inquiry into the results of crackdown on drinking driving, a report on the circumstantial statement of a drinking driver, and a report on whether to drive any dangerous vehicle;

1. A medical certificate;

1. Application of Acts and subordinate statutes concerning field photographs of traffic accidents;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the relevant criminal facts and the choice of punishment.

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