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(영문) 춘천지방법원 원주지원 2018.05.09 2018고단85
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 October 12, 2017, the Defendant: (a) driven a motor vehicle with low alcohol content of about 100 meters from the front of the B apartment site to the original city C at Won-si on October 12, 2017; (b) the Defendant driven a motor vehicle with low alcohol content of about 0.186% in blood.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person engaging in driving a motor vehicle with low resistance as stated in paragraph (1).

The Defendant, while under the influence of alcohol as stated in paragraph (1), was driven by the foregoing vehicle while under the influence of alcohol as stated in paragraph (1), and became to turn to the left on the side of “B” apartment site at “B” and became to the left at the same time.

The Defendant’s direction signal, etc. at the above intersection was a red on-and-off signal, and the victim E (56 cm) was driving a F K5 si pursuant to this yellow on-and-off signal and entered the right side of the Defendant’s course. As such, the Defendant had a duty of care to look at whether there is a vehicle entering the room to temporarily stop before entering the intersection in accordance with the red on-and-off signals, and to prevent accidents in advance by operating the steering direction and brake system accurately and safely.

Nevertheless, the Defendant neglected this and proceeded as it is, and received the left side part of the victim’s automobile as the front part of the Defendant’s automobile.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and caused the injury to the said victim, such as “influent salt, tension, etc.,” which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report on actual conditions, notification of the results of regulating drinking driving, and application of Acts and subordinate statutes to medical certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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