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(영문) 춘천지방법원 2018.04.30 2018고단115
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

The defendant is a person who is engaged in driving of a motor vehicle B, C, and C.

1. On November 22, 2017, the Defendant driven the above vehicle while under the influence of alcohol content of 0.135% in blood around November 21, 2017 and proceeded at a speed of about 30km in Chuncheon City.

At that time, the passage of a person and a vehicle is frequent, and in this case, the driver of the vehicle has a duty of care to properly see the front side and the left side and the left side, and to accurately manipulate the steering direction and the brakes so as to prevent the accident from occurring.

Nevertheless, the Defendant could not give a proper view to the influence of alcohol at the time, and was negligent in the course of operation of the above vehicle in a situation where it is unable to properly operate the steering direction and operation of the above vehicle, and shocked into the right body part of the victim D (n, 20 years old) and the part on the right side part of the victim E (n, 26 years old) at the right side of the direction at that time.

As above, Defendant 1 driven while driving in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim D, such as salt pans, tensions, etc., which requires approximately two weeks of medical treatment, and injury to the victim E, such as chros, tensions, and tensions, which require approximately three weeks of medical treatment.

2. On the same date as paragraph 1.1., the Defendant driven the B-wing and Ⅲ truck while under the influence of alcohol content of about 0.135% from the blood alcohol level to the G Mart in the front of G Mart located in the same city as the G Mart located in the same city as the Do in the city of Chuncheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of E and D;

1. The report of a traffic accident (on-site survey report), on-site photograph, diagnostic certificate (E), diagnostic certificate (D), statement statement report on the situation of the driver at the main place (A), and the application of Acts and subordinate statutes to the report on whether to drive any danger;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury or injury caused by the driving of each risk) and Article 5-1 of the same Act concerning the crime.

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