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(영문) 춘천지방법원 강릉지원 2018.11.01 2017고단1224
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 24, 2017, the Defendant driven a Fran vehicle under the influence of alcohol by 0.185% in alcohol concentration among blood, from the roads near Cju stations located in Gangnam-si B to the roads near E convenience stores located in the same city.

2. The Defendant is a person engaging in driving a Franchising car.

On July 24, 2017, the Defendant driven the said car under the influence of alcohol level of 0.185% among blood transfusions on July 24, 2017, and led the E neighboring road located in Gangnam-si D to the H apartment from G apartment on the side of G apartment.

At that time, there was a motor vehicle parked on the street and frequent passage of the motor vehicle, so there was a duty of care to safely drive the motor vehicle by accurately manipulating the steering left and left well for the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and negligently driven the Defendant’s vehicle of the victim I (I, I, I, I, 4 years old) driving by his negligence, led the victim I (I, I, I, I, J) driving by his own driver, and received the part prior to the driver’s seat in front of the Defendant’s car.

As a result, the Defendant suffered injury to the victim, such as chills, tensions, etc., which require approximately two weeks of medical treatment due to occupational negligence in the course of driving a motor vehicle while normal driving is difficult due to influence of drinking.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to K and I;

1. A survey report on actual conditions;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A report on whether to drive any danger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) of the Road Traffic Act concerning criminal facts, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Selection of Punishment, etc.

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