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(영문) 춘천지방법원 원주지원 2019.01.17 2018고단1170
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 17:00 on October 8, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven B-2 cargo vehicles under the influence of alcohol concentration of 0.115% on blood alcohol level, and turn to the left from the intersection of the intersection of 1433 at the Won-si, Won-si, to the bank of the Forest Public Security Center.

Although the Defendant, who was engaged in driving service, had a duty of care to prevent accidents, such as reducing speed and safe turn to the left and making a left-hand turn while living well at the right and the right and the right and the right and the right and the Defendant neglected to drive normally due to influence of drinking and neglected to turn to the left, due to occupational negligence of the victim C (the age of 61) who was at the right and left-hand turn, and shocked into the front part of the driving seat of the Defendant’s driving vehicle at the opposite direction, the Defendant sustained the injury of the above victim E (the 57-year-old victim) by suffering from the injury, such as a hot spring, in which there is no room for treatment for about 3 weeks in the open two cases where treatment is required for about 3 weeks of the Defendant’s driving vehicle.

2. Around 17:00 on October 8, 2018, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.115%, driven the said cargo on the road at approximately 1km from before the original city F to the place where the said accident occurred.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The application of Acts and subordinate statutes to the survey report on actual condition, the report on the circumstantial statement of a drinking driver, the notification of the control of drinking driving, and the written diagnosis;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning the crime

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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