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(영문) 춘천지방법원 원주지원 2017.12.21 2017고단1032
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

The execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 8, 2017, the Defendant, while under the influence of alcohol 0.150% in blood at around 10:50 on September 10, 2017, driven B Poter freight at the distance of about 23km from the construction site of the influence 0.150% in the margin of 0.150% in the direction of the flow of the road.

2. On September 8, 2017, the Defendant driving the above vehicle on around 10:50 on September 10, 2017, and driving the road of 48 lanes near the private distance in the front city of the prime city along the three-lane distance in the south metropolitan area.

In such a case, the defendant, who was engaged in driving of a motor vehicle, had a duty of care to safely drive the motor vehicle in accordance with the new subparagraph by living the front door well, but due to the influence of alcohol, was negligent in the course of business due to the negligence of disregarding and proceeding the stop signal while normal driving is difficult due to the influence of alcohol, the defendant, who passed the above shooting distance on the left side of the defendant, was placed in the front part of the driver's vehicle of the victim C (W, 4 years old) who passed the above shooting distance on the right side of the driver's vehicle of the victim C (W, 44 years old), and suffered from the victim E ( South, 46 years old) who was the victim of the above victim and the same passenger for about two weeks, due to the injury, such as the fluoral salt, tension, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. A report on the occurrence of a traffic accident, a report on the actual situation, a arrest of the case, a report on whether to drive any danger, a report on the results of regulating drinking driving, and a report on the situation of the driver who takes

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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