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(영문) 춘천지방법원 원주지원 2021.02.04 2018고단1346 (1)
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a two-wheeled vehicle B JET 14, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On November 24, 2018, the Defendant: (a) while driving a two-wheeled vehicle under the influence of alcohol level of 0.211% during blood alcohol level at 05:01 and driving a two-wheeled vehicle in front of C at the original city, and (b) was negligent in driving the vehicle under the influence of alcohol, while neglecting the duty of care to safely drive the two-wheeled vehicle in front of the front city; and (c) due to the negligence of driving the vehicle in front at the victim D (27 years old) W125 EW25 EW 25 EX2, the lower part of the two-wheeled vehicle of the Defendant.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as hump, which requires approximately three weeks of medical treatment, to the victim.

2. On November 24, 2018, the Defendant driving a two-wheeled vehicle B JET 14 in a state of alcohol leveling 0.211% in the direction from the front side of the F apartment in the original city to the front side of the same city from about 2km to about 3:01 on November 24, 201.

Summary of Evidence

1. A written examination of actual condition of each police interrogation protocol against the defendant, D, and a written examination of whether the driver's circumstantial statement report (Evidence No. 3) of the driver's driver at the State is dangerous driving (Evidence No. 4) as a result of the police interrogation protocol on the scene of the accident;

1. Application of Acts and subordinate statutes to each investigation report (the No. 20,22 of the evidence list);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); and each decision of imprisonment with labor, respectively.

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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