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(영문) 춘천지방법원 강릉지원 2016.11.11 2016고단1260
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

except that 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 18:00 on August 28, 2016, the Defendant: (a) driven a vehicle B under the influence of alcohol concentration of about 0.124% in a section of about 200 meters, from a 200-meter radius to the road near the 1stnular city 1 artificial restaurant, Gangseo-si 1, Gangnam-si, Seone-si, 1991.

2. A person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes and engages in driving service of a passenger car by making a franchise;

On August 28, 2016, at around 18:00, the Defendant driven the above vehicle in the direction of an Orenmait in the direction of the Gangseo Medical Center in a state where normal driving is impossible, such as under the influence of alcohol, driving a road near the 1991 South Korean literature, as described in the foregoing paragraph 1.

The Defendant, while under the influence of alcohol, was negligent in driving a vehicle without a well-breadle, received the part of the victim C(68 years of age) in front of the left-hand side of the vehicle in front of the driver's vehicle of the victim C(the 68-year-old driver's f8-year-old driver's license, and suffered the victim's bodily injury such as salt fluor, etc. in need of approximately two weeks of treatment, and suffered the victim E(the 62-year-old driver's f2-year-old driver's license) with approximately two weeks of treatment.

As above, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each statement of F and C;

1. A report on the occurrence of a traffic accident and a traffic report;

1. Notification of the control results of drinking driving, the report on the state of the driving under influence, and the report on whether to conduct any dangerous driving;

1. All on-site photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Violation of the corresponding provisions of the Act on Criminal facts and the Road Traffic Act as a judgment of the choice of punishment: Each specific crime subject to the punishment, etc., as stated in Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act;

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