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(영문) 춘천지방법원 속초지원 2017.05.31 2017고단30
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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. On December 20, 2016, the Defendant was under the influence of alcohol content of 0.215% in blood, and around December 20, 2016, the Defendant driven approximately 10 km to the public parking lot in front of the D-type D-type C D-type D-type D-type D-type D-type D-type D-type D-type D-type D-type D-type D-type D-type D-type D-type D-type.

2. The Defendant is a person who is engaged in driving of a motor vehicle with the procedure specified in paragraph (1).

At the same time as paragraph 1, the defendant driving the above Bosch Rexton vehicle and proceeded at a speed that makes it impossible to identify the public parking lot in front of the D cafeteria in Gangwon-gun C.

At the time, since it is night, a person engaged in driving service has a duty of care to thoroughly operate the front-time and safely.

Nevertheless, the Defendant neglected this and got the victim to be shocked on the left side part of the G F.F. (54) driving by the victim F. (54) who was parked in the place of the vehicle due to negligence when driving a vehicle in which normal driving is difficult due to his neglect of drinking.

Ultimately, the Defendant suffered injury to the victim, such as catum salt, which requires approximately two weeks of medical treatment due to occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police preparation with respect to F;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a report on the detection of a primary driver;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing the scene of traffic accidents;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 of the Criminal Act:

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