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(영문) 춘천지방법원 2018.07.25 2018고단566
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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 the driving of a cargo vehicle B.

1. On April 28, 2018, the Defendant driven the above vehicle while under the influence of alcohol leveling 0.225% in blood around April 18, 2018 and parked on the front side of the road in Chuncheon City.

Since there is a strong slope, a person engaged in driving service has a duty of care to prevent vehicles from getting off by stopping the starting of the vehicle and accurately manipulating the brake system.

Nevertheless, the Defendant, who was under the influence of alcohol and was unable to properly operate the brake system, was on the part of the victim D (the 92 years old), the victim E (78 years old), and the victim E (the 78 years old) due to occupational negligence, when the said vehicle gets on a slope and pushed down the slope as they are.

As a result, the Defendant suffered from the victim D’s occupational negligence, such as multiple dysium, which requires approximately three weeks of treatment, and the victim E suffered injury, such as dysium, which requires approximately two weeks of treatment.

2. Violation of the Road Traffic Act (drinking driving) driving the vehicle under the influence of alcohol level of about 0.225% from the front of the Chuncheon Sincheon Library located in Samcheon-si, Samcheon-si, the same day as paragraph 1.1. to the front of the same city, the Defendant driven the vehicle under the influence of alcohol level of about 2km.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Act and subordinate statutes on video CDs of parking cars around the accident site, traffic accident scene photographs, caps of parking vehicles boom images, driver's circumstantial statement report, diagnosis report, medical certificate (E), (D), and black booms and video CDs around the accident site;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by the driving of each risk) concerning the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (referring to the act of driving alcohol);

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 40).

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