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(영문) 춘천지방법원 영월지원 2020.05.19 2020고단105
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who is engaged in driving a vehicle BST5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and the Road Traffic Act;

On September 14, 2019, at around 00:30, the Defendant driven the said car with a alcohol concentration of 0.157% 0.157%, and made the left turn to the left at a speed that cannot be known from the front side of D elementary school located in Gangwonwon C at a distance of norclature to the front side of D elementary school located in Gangwonwon C.

At night, there is a duty of care to safely drive a motor vehicle to prevent accidents by safely driving the motor vehicle, such as reducing the speed prior to entering the intersection and verifying whether there is another motor vehicle entering the intersection, since it is a three-distance intersection where signal apparatus such as yellow on-and-off lights, etc. is installed.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol, and the part of the FMW driver's pans and fences in front of the right side of the FMW car of the victim E(the age of 62) driving, which was proceeding to the right side from the left side of the defendant's running in the direction of the right side of the victim E(the age of 62).

As above, the Defendant driven the said SM5 car in a situation where it is difficult to drive the car normally due to the influence of alcohol, thereby incurring injury to the injured party G (the 54 years old) (the 54 years old) who is the club winner of the said BM car, and at the same time, damaged the said BM car to have the 19,474,720 won of repair cost.

2. Around 00:30 on September 14, 2019, the Defendant driven a BM5 vehicle under the influence of alcohol with approximately 200 meters alcohol concentration 0.157% from the section of approximately 200 meters, from the front side of the D elementary school located in the same city C, from the front side of the D elementary school located in the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the occurrence of a traffic accident and a report on the actual condition;

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