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(영문) 춘천지방법원 원주지원 2017.10.19 2017고단721
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 May 13, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driving a DNA siren car with alcohol concentration under the influence of alcohol concentration among blood transfusion around 10:10, and driving it on the surface of the non-exploited apartment site in front of E at the prime week.

The Defendant, in a state where normal driving is difficult due to influence of drinking, neglected the duty of care on the right and the right and the right and the right and the right and the right and the right and the duty of care on the part of his occupational negligence that did not accurately operate the steering wheel and the steering system, and she was faced with the front part of the Defendant’s driving vehicle G K5-si’s driving GK5-si’s driving vehicle (63 Do) of the victim F (63) that was in parallel, and was faced with the Defendant’s upper part of the front part of the Defendant’s driving vehicle. The Defendant she was faced with the erode and the tension in need of medical treatment for about two weeks to the victim H (the Ha, 38 years old) who had the said cab passenger for about two weeks.

2. Defendant 1, who violated the Road Traffic Act (Refusal of measurement of drinking), driven a motor vehicle under the influence of alcohol by Defendant 1 while under the influence of alcohol, such as a J, a public official belonging to the police of the first district police station of the original police station called out after having paid the said traffic accident.

There are reasonable grounds to determine a person, and despite the receipt of a request to comply with the measurement of drinking alcohol by inserting the whole of the drinking measuring instruments four times from 10:15 to 10:31 on the same day, the person did not comply with it without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Each statement of F and H;

1. A traffic accident report (1) and (2), occurrence of a traffic accident, arrest report, report on the circumstances of driving at home, notification of the results of regulating the driving of drinking, and report on the circumstances of the driver at home;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to the investigation report (overtime 8)

1. Aggravated punishment of specific crimes as provided in the corresponding Article of the Act regarding criminal facts.

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