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(영문) 춘천지방법원 강릉지원 2017.09.01 2017고단568
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 25, 2017, the Defendant: (a) driven a DK 3 car under the influence of alcohol leveling of about 0.144% from a 900-meter section from the front of the 324 Hadrid C&C, located in Gangseo-si, Gangnam-si, to the front road located in B in the same city; (b) around 00:30 on April 25, 2017.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) (the Defendant is a person engaging in driving a DK3 vehicle, and the Defendant driven the said vehicle at the time and in the influence of alcohol on the day specified in paragraph (1) and driven the two-lane road in front of Gangnam-si B located in Gangnam-si B along one lane from the bank of Korea room to the home fluor.

At the time, it was night and where the passage of vehicles was frequent, so in such a case, the driver of the vehicle has a duty of care to thoroughly operate the operation and steering gear of the vehicle thoroughly and to operate it safely by accurately operating the operation and steering gear of the vehicle.

Nevertheless, under the influence of alcohol, when the Defendant was negligent in driving a vehicle in full without neglecting the above duty of care, the Defendant was under the front part of the victim E(32) driving in the front of the running direction of the Defendant. The lower part of the FK7 car was driven in the front of the Defendant’s driving of the Defendant’s K3 vehicle.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim G (23 years) of light chills, tensions, etc., in need of medical treatment for about two weeks, and suffered injury to the victim G (23 years) who was on board the damaged vehicle for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A report on a criminal accident (on-site investigation report), on-site photographs, notification of the results of the crackdown on the driving of drinking, a statement of the circumstances of the driver in charge of drinking, an investigation report (on-site situation report) and a report on whether the driver in charge of driving is in danger

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