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(영문) 춘천지방법원 강릉지원 2017.11.08 2017고단903
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is engaged in the duty of driving Bknife car driving.

1. On July 30, 2017, the Defendant was under the influence of 0.240% of alcohol level among blood transfusions on July 22:10, 2017, and thus, the Defendant driven the said vehicle while making it difficult for the Defendant to drive the vehicle normally, such as 0.240% of alcohol level, 0.240% of the walking, her walking is protruding, walking is protruding, and snow is shocked, and led the Defendant to drive the said vehicle with the direction of the intersection of the shooting distance of the 385 Gangnam Police Station at the 385 Yeung-si, Gangnam-si, and going through the direction of the river basin.

At the time, it was an intersection where signals, etc. are operated, so there was a duty of care to reduce the speed in advance before reaching the intersection, to keep the right and the right of the driver, and to drive the driver in accordance with the signals.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting this duty of care, proceeded ahead of it in the same direction as that of the Defendant’s vehicle, and the back part of the victim C (Y, 60 years old) driving in the signal atmosphere was shocked by the front part of the Defendant’s vehicle.

Ultimately, the Defendant inflicted an injury on the victim, such as cinal salt, which requires approximately two weeks of medical treatment due to occupational negligence as above.

2. On July 30, 2017, the Defendant driven the said car under the influence of alcohol level of approximately 0.240% (measurement result) from the 1km section of the same Gangnam Police Station up to the distance intersection of the same Gangnam Police Station, in front of the large-scale restaurant located in Gangseo-si, Gangnam-si, Chungcheongnam-si.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The application of Acts and subordinate statutes to a report on the occurrence of a traffic accident, a report on the actual condition, a survey report, a report on the results of the control of drinking driving, a report on the circumstances of driving at home, a report on the investigation (report on the situation of a driver at home), a report on whether to drive any danger, a medical certificate,

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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