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(영문) 춘천지방법원 원주지원 2018.01.11 2017고단429
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 March 13, 2017, the Defendant: (a) driven a B low-priced motor vehicle with alcohol concentration of 0.102% in the blood around 23:00 on March 13, 2017; and (b) proceeded with the road front of the unpaid church in front of the original city, which is located in the 2nd 2nd 2nd 2nd ambnd ambnd ambnd from the ambnd ambnd.

At all times, since the DNA-learning car driven by the victim C(n, 33 years old) was a stop for the signal signal, the Defendant, who was engaged in driving of the vehicle, had a duty of care to thoroughly manipulate the brake system in accordance with the progress of the vehicle driven earlier by thoroughly operating the front time, thereby preventing the accident in advance. However, as above, the Defendant, as a result of the influence of drinking, was negligent in the course of duties by neglecting the front time in the situation where it is difficult to drive normally due to the influence of drinking, and failing to timely operate the brake system, thereby causing the Defendant to inflict an injury, such as a fluoral fluor, etc., of the Defendant’s vehicle, which requires treatment for about three weeks.

2. The Defendant, while under the influence of alcohol concentration of 0.102% in blood during the above day, was driving the said car from the influence fluence to the point of the accident to the point of the accident.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a report on the actual condition, a report on the results of regulating drinking driving, a report on the situation of a driver who is placed in driving, and a report on whether to

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor for the crime, and the choice of a sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the scope of recommended sentences) is general.

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