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(영문) 춘천지방법원 영월지원 2017.11.21 2017고단407
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

The defendant is a person who is engaged in driving of BM5 vehicles.

On September 17, 2017, the Defendant driven the said car under the influence of alcohol level of 0.364% from blood alcohol level on September 17, 2017, and led to two-lanes along the two-lanes in front of the construction site of the Pyeongtaek Chang Olympic apartment site located in the Olympics-gun, Pyeongtaek-gun, Seoul, Gangwon Olympic District, which is located in the Olympic Winter Games, along the parallel direction from the parallel direction.

At that time, the Defendant was driving a bicycle driven by the victim C (the 45-year old) at the edge of the road at the front direction of the road, and thus, the driver of the motor vehicle had a duty of care to prevent accidents by accurately operating the operation of the brake and steering gear and accurately.

Nevertheless, the defendant, while under the influence of alcohol, tried to drive the bicycle on the port by negligence while neglecting it, had the bicycle go beyond the road by taking the rear part of the car driving by the defendant on the right side of the car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, resulting in injury to the victim, such as salt, tension, etc. in need of medical treatment for about four weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident under D or C;

1. A traffic accident report;

1. On-site photographs;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. A dangerous driving report;

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

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

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Order to attend lectures under the Criminal Act;

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