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(영문) 춘천지방법원 강릉지원 2017.10.13 2017고단741
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 13, 2017, the Defendant: (a) driven a B B sathn vehicle under the influence of alcohol leveling 0.168% from a distance of about 600 meters to the roads near the 24th road of Gangseo-si, Gangnam-si, Do, 206 at the same time, starting from the 206-ro Don, to the roads near the 85-ro, Gangseo-dong (b).

2. The Defendant is a person engaging in driving a motor vehicle B with a specific driver’s license for the motor vehicle B.

At the time of the day specified in paragraph 1, the Defendant driven the said car at the border of Gangnam-si, and proceeded along the two lanes near the Gangseo-ro 85 (Sung-dong 2) to the middle school from the border elementary school at the speed of 1:00,000,000 from the middle school on the side of the Gyeongpo-si.

At that time, there was a vehicle parked in a stop line in order to turn to the left on the front side, so there was a duty of care to reduce speed and drive safely by checking well the left and right on the front side.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving the vehicle at the front section of the victim C(56) driving due to the negligence of driving the vehicle at the front section of the vehicle driving.

As a result, the Defendant driven a motor vehicle under the influence of alcohol which makes it difficult for him to drive normally, and suffered injury, such as a scarbing of a scarb, etc., which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a traffic accident report, traffic accident report, on-site photograph, notification of the results of the crackdown on drinking driving, report on the situation of the driver in charge, report on risk driving, diagnosis certificate, and investigation report (investigation of victim's statement);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Articles 148-2 and 44 of the Road Traffic Act.

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