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(영문) 춘천지방법원 강릉지원 2016.12.22 2016고단1465
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. Around September 17, 2016, the Defendant violated the Road Traffic Act (driving a sound driving) driven a DNA car under the influence of alcohol with approximately 1.5km section from the bus terminal near Gangseo-si, to the road near the gas station located in the same city B, to the roads near the gas station located in the same city B.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) is a person engaging in driving a D acid car.

On September 17, 2016, the Defendant driven the said car on September 22 and 10, 2016, and driven the road near Cju City B, which is located in Gangseo-si.

Since there was a motor vehicle waiting for the signal on the front door, there was a duty of care for the driver of the motor vehicle to see the front door well and to operate the steering system accurately and safely.

Nevertheless, the Defendant neglected this and stopped the part of the victim E(the age of 44) driving, which was waiting for the signal while driving due to negligence, was able to receive the back-up part of the said car as the front-up part of the said car.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and caused the injury to the said victim, by its occupational negligence, such as salt, tensions, etc., in need of approximately three weeks of medical treatment, and the injury to the victim G (34 years of age) who was accompanied by the said car at Abdol-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-Wn-W

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents and on-site photographs;

1. Notification of the control of drinking driving, and report on whether to drive any dangerous motor vehicle;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning the crime committed.

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