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(영문) 춘천지방법원 원주지원 2019.01.23 2018고단1158
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 Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving cars B.

On September 7, 2018, the Defendant, while driving the said vehicle under the influence of alcohol level of 0.132% on blood alcohol level at 0.19:55, and driving the said vehicle to the D market on the right side of the principal week, was negligent in performing duties to safely drive the vehicle in front of C at the D market on the right side of the principal week, while he/she was negligent in performing such duties and by negligence while driving the vehicle in front of the traffic at the e (19 years old) driver’s license and driving the vehicle in front of C at the D market on the right side and right side of the vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury such as salt, tension, etc. by the victim for about two weeks of treatment.

2. On September 19:55, 2018, the Defendant driving a B-learning car under the influence of alcohol level of about 0.132% from the 100-meter section from the G Apartment in the original city to the C-lane in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A survey report on actual condition, an accident site photograph, notification of the results of the drinking driving control, and a medical certificate;

1. Application of statutes concerning criminal records;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (wholly amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act provides that the defendant has the same criminal history, and each of the crimes of this case is disadvantageous to the defendant, such as the nature of the crime and the result thereof, in light of the methods and results thereof, and no agreement has been reached with the victim.

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