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(영문) 춘천지방법원 강릉지원 2016.09.29 2016고단933
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

However, the execution of the above sentence 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 July 4, 2016, the Defendant: (a) driven a coo vehicle in D while under the influence of alcohol with approximately 2k alcohol concentration of about 0.115% from the section of approximately 2k-distance from the south-dong, Gangnam-dong, Chungcheongnam-dong, the Southern-dong, to the front road of CMat located in the same city.

2. The Defendant is a person engaging in driving a coo vehicle in D in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving).

The Defendant driven the said car under the influence of alcohol, such as the day and time zone set forth in paragraph 1 and paragraph 1, and driven the two-lane road in front of Gangnam-si B, Gangnam-si, along the direction of the two-lane, from the long-distance flood of this name, the Defendant driven the two-lane road along the direction of the river.

At the time, there was a lot of night and rain, and there was a road where the center line of yellow solid lines is installed, so in such a case, the driver had a duty of care to safely drive along the lane by accurately manipulating the steering gear and accurately manipulating the steering gear.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in operating the center line with due care while neglecting the above duty of care, and was in front of the left-hand side of the victim E (FWW 46 years old) driving S400 vehicle in the direction opposite to the Defendant’s running direction, and was in front of the Defendant’s driving on the left-hand side of the Plaintiff’s E-WW 400 vehicle. In so doing, the Defendant suffered an injury to the victim’s G (S 49 years old) who was on board the Defendant’s top-hand side of the Plaintiff’s vehicle requiring approximately 2 weeks medical treatment, and suffered an injury to the Defendant’s chill and the tension for about 3 weeks medical treatment.

As a result, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, thereby causing injury to the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual condition and on-site photographs;

1. Dangerous driving;

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