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(영문) 춘천지방법원 강릉지원 2021.03.17 2020고단495
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

[Power of crime] On July 4, 2016, the Defendant was issued a summary order of KRW 1 million as a crime of violating road traffic law at the Gangnam Branch of the Chuncheon District Court.

[Criminal facts] The Defendant is a person engaging in driving a car B K5 vehicle.

1. On May 23, 2020, the Defendant driven the said car under the influence of alcohol content of about 0.182% from the 300-meter section from the front of C in the East Sea to the front of D apartment at around 05:43, the Defendant was under the influence of alcohol at around 300 meters.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

2. Defendant 1 driven the said car at the time of the foregoing day while it is difficult to drive normally due to the influence of alcohol as above, and, at the same time, Defendant 1 driven the said car at the time of the same day and driven the road of one lane in front of the D apartment at the time of the same year from E bank to erode by the valley rogate.

At that time, there was a duty of care to proceed after checking whether the traffic situation of the intersection is well reported by reducing the speed and considering the right before and after the passage of the intersection, since there was a tri-distance intersection where the signal, etc. is not installed.

Nevertheless, the Defendant neglected to drive the front-time in a state where normal driving is difficult due to the above influence of alcohol, and proceeds from the failure to normally operate the steering wheel and brakes, and due to the negligence of the Defendant’s driving, the part of the victim F (77 tax) in the course of bypassing from the offline D apartment surface to E-section, which was driven by the Defendant’s driving of the G K5 vehicle, was in front of the driver’s seat of the said K5 vehicle.

Ultimately, Defendant 1 suffered injury, such as knenee, knenee, and tension in the part of knee, knee, which requires approximately two weeks of treatment by occupational negligence as above.

Summary of Evidence

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