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(영문) 춘천지방법원 원주지원 2019.09.19 2019고단601
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 31, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a B low-speed motor vehicle with a blood alcohol concentration of 0.103% at the influence of alcohol around 04:0 on March 31, 2019, and driven the road at the 278km Mamsan Sea from the Masan Sea where it is located at the interesting Dogcheon-si.

The driver of a vehicle shall not drive the vehicle in circumstances where it is impossible to drive the vehicle normally due to drinking, and when driving on an expressway, he/she shall drive the road on the right side of the central separation zone, and has the duty of care to drive the vehicle safely by checking well before, after, and after, the vehicle.

Nevertheless, while driving on an expressway while under the influence of alcohol while driving on the expressway, the Defendant was found to have been driving the D Q5 vehicle in front of the Defendant’s vehicle in front of the driver’s seat on the part of the Defendant. Ultimately, the Defendant, by negligence in the course of duty, sustained by the Defendant, due to the negligence on the part of the above, the injury of the Defendant, such as a string, etc., of the plectic wall that requires approximately two weeks medical treatment to the victim E (n, 62 years old) of the above Q5 vehicle, and suffered from the injury of a chest string wall that requires approximately five weeks medical treatment to the victim E (n, f2 years old) of the above Q5 vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on occurrence of a traffic accident prepared C;

1. The actual condition survey report;

1. A report on the actual state of the driver;

1. Notification, etc. of the result of the drinking driving control (Notification of correction completion);

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) as to the crime, and Article 5-11 of the former Road Traffic Act.

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