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(영문) 춘천지방법원 강릉지원 2018.05.23 2018고단207
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

1. The defendant is a person who is engaged in driving a Bran vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On January 18, 2018, the Defendant driven the said car under the influence of alcohol level of 0.137% from blood alcohol level around 00:55, the Defendant continued two lanes in the direction of a bus terminal in the direction of the city bus terminal in Yecheon City, along the East Sea, with the fluence of 54.137% from alcohol level.

At the time, since it is night and place where the passage of vehicles is frequent, there was a duty of care to safely drive a person engaged in driving service by checking the front door and the left and right well.

Nevertheless, the Defendant neglected this and neglected to walk 0.137% alcohol level while under the influence of alcohol, and due to the negligence that the Defendant was unable to look at the front part of the vehicle in front of the Defendant’s driving while making it difficult to drive the vehicle normally due to the influence of alcohol such as smelling in the entrance, etc., and received the rear part of the victim C (the 47-year-old driver), who was driving at the front part of the vehicle in front of the Defendant’s driving direction.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim C, such as salt, tensions, etc. in light of the rash that requires approximately two weeks of treatment, and injury to the victim E (the 45 years old), who is the passenger of the victimized vehicle, to the victim E (the 45 years old), for approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking) driving a B-low-car under the influence of alcohol concentration of approximately 0.137% in the section of approximately 1 km from the front of the “Tak Sing plaza” in the East Sea at the time of the said day to the place of the said accident.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of each traffic accident in C and E;

1. The actual survey report, the report on the occurrence of a traffic accident, the intensity of the scene of the traffic accident, and the on-site photograph of the traffic accident;

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