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(영문) 춘천지방법원 영월지원 2017.11.14 2017고단296
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On June 20, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a motor vehicle in Ccocon as an annual volcanic recreation park on the surface of the 155-year Damsan-ro, Taecheon-si, 13:10 on June 20, 201.

At the time, there is a place where yellow median lines are installed, so the driver of the motor vehicle had a duty of care to safely drive the motor vehicle and safely drive the motor vehicle in accordance with the direction of the road without breaking the central line.

Nevertheless, the Defendant neglected to drive his/her blood alcohol level 0.179% while drunk, and due to the difficulty of normal driving, caused the part of the driver’s seat of the victim D(71) 2-on-road 2-on-road vehicle driven along the median line due to the negligence that he/she is driving at the center line, which led to the collision with the center line, to the front left side of the vehicle.

Defendant 2 suffered injury, such as salt, tensions, etc., in need of approximately two weeks of treatment by occupational negligence as above, to the victim.

2. The Defendant violated the Road Traffic Act (driving) operated a vehicle as described in paragraph (1) in a state of drunk alcohol concentration of 0.179% in blood at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

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

1. A traffic accident report;

1. On-site and photographs of drinking;

1. A report on the detection of a primary driver;

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

1. Application of Acts and subordinate statutes (D);

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) 2 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. An order to attend a course;

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