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(영문) 춘천지방법원 강릉지원 2020.05.28 2020고단257
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a Grandroth car.

On March 7, 2020, the Defendant driven the said car on March 7, 2020, while driving the said car and driving the road in front of the branch of the Drown-si Drown-si C with a blood alcohol concentration of 0.126% at the south of the Drown-si.

At night, there was an intersection with signal signal at the front, so there was a duty of care to operate a person engaged in driving a motor vehicle by thoroughly operating the operation and steering gear in a thorough manner while driving the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting this, and was negligent in not operating the brake system, and caused the victim FMW X6 car’s right side and the pent part to the left side of the front-hand part of the said car.

Ultimately, the Defendant driven a car in a state where normal driving is difficult due to the influence of drinking, and suffered injury such as salt, tension, etc. of the trend that requires approximately two weeks medical treatment to the victim F.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant under the influence of alcohol with a blood alcohol concentration of about 0.126% at a section of about 4 km from the front of the Haung-si to the front of the Haung-si, the D Association located in Gangnam-si C from the front of the Yung-si to the front of the Yung-si branch.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A medical certificate;

1. Reports on traffic accidents, and photographs of the scene of accidents;

1. Report on circumstantial statements of a drinking driver, and notification of the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to a report on whether dangerous driving is conducted;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922, Feb. 4, 2020) as to the crime and the provision of the Act on the Aggravated Punishment, etc

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