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(영문) 춘천지방법원 원주지원 2019.01.23 2018고단1169
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. The defendant is a person who drives B-wing and high 3 cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On September 18, 2018, the Defendant, while driving the above cargo vehicle on the front side of the front city and driving the front road of C in the front city from the front side of the front city, was negligent in driving the vehicle under the influence of alcohol concentration of 0.137% while neglecting the duty of care to drive the vehicle safely without harming the center line, and received the part of the victim D(57 years old)’s car driving seat on the front part of the passenger vehicle of the Defendant’s car driving log in the center line due to the negligence over the center line while driving the vehicle under the influence of alcohol concentration of 0.137%.

As a result, the Defendant driven the above cargo in a state where normal operation is difficult due to influence of drinking, and suffered injury such as dump dump, tension, etc., which requires approximately two weeks medical treatment to the victim.

2. Around September 17:15, 2018, the Defendant driven the B 3 truck under the influence of alcohol level of 0.137% at the section of about 5km from the front of the mutual influence store in the short-term drive of nuclear power to the front of the same city to the roads of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report, the case-related photograph, the notification of the results of the drinking driving control, the written statement of persons involved in the traffic accident (D), and the medical certificate;

1. Application of statutes concerning criminal records;

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

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

1. Article 62 (1) of the Criminal Act provides that the defendant is subject to suspended execution, and each of the crimes of this case shall be committed in the light of methods and results thereof;

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