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(영문) 춘천지방법원 강릉지원 2019.01.30 2018고단1206
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On October 14, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (the Defendant), at around 17:45, the blood alcohol content reached 0.181%, and at the time of walking, the Defendant suffered the injury of the victim D (the age of 31) rocketing or the back part of the other car, which was driven by negligence prior to the front of the front of the car, and was driven by the victim D(the age of 31) and the victim F (the age of 30) who was on the front of the said car, and was on the front of the said car, for about two weeks in need of the medical treatment of the victim D and the victim F (the age of 30) who was on the front of the said car.

2. Violation of the Road Traffic Act (Driving without a license) and the violation of the Road Traffic Act (driving without a license) were driven by the Defendant in the state of alcohol of 0.181% of the blood alcohol concentration at approximately 1km section from the front of the Do-Eup office in the 308 Do-Eup-do at the time of the temporary bordering as set forth in the above paragraph (1) to the Do-Eup office in the Do-Eup-do-ro.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of a D traffic accident;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a map of accident site;

1. The circumstantial statement, investigation report, and report on whether to run any dangerous driving;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to medical certificates and injury medical certificates;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of Trade Competition.

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