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(영문) 춘천지방법원원주지원 2020.11.27 2020고단583
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the person engaged in driving freight B.

On May 8, 2020, the Defendant driven the above cargo while under the influence of alcohol 0.19% of blood alcohol level around 15:00, while driving the above cargo, and led to the flow of the long-term sand distance of 1, 1, 1, 4,00 in Gangwon-si, Gangwon-si, Seoul-do, to a sudden speed from the slope of the C pharmacy to the slope of the stone dust shooting range.

At this point, there was a signal at the intersection of the side road to enter the private distance and the private distance, so the person engaged in driving of a vehicle has a duty of care to prevent accidents by accurately manipulating the front line and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right of the vehicle.

Nevertheless, under the influence of alcohol, the Defendant committed an occupational negligence in the course of the Defendant’s operation of a red signal in violation of the signal and led the Defendant to the front part of the freight vehicle of the Defendant’s driving, which is the front part of the Defendant’s driver’s vehicle in front of the foregoing shooting distance, with the driving of the victim D(E, 53 years old) driving on the front air.

As a result, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about two weeks due to occupational negligence, which was driven while normal driving is difficult due to influence of drinking.

2. On the date and time set forth in paragraph (1) of the Road Traffic Act, the Defendant driven the freight specified in paragraph (1) at a section of about 500 meters of alcohol while under the influence of alcohol at about 0.19% of alcohol level from the roads in an influence to the long-term distance in the front city of Gangwon-si, Gangwon-do.

Summary of Evidence

1. Reports on the occurrence of traffic accidents, reports on traffic accidents (1) (2) and on-site photographs of the written diagnosis of the defendant's legal statement D;

1. The circumstantial statements of a drinking driver, notification of the control results of drinking driving, and application of the law of the report on whether to drive any dangerous driving.

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