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(영문) 춘천지방법원 속초지원 2018.02.07 2016고단350
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in the business of driving B Poter cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) and the Road Traffic Act.

On September 2, 2016, the Defendant driven the above cargo while under the influence of alcohol level of 0.312% during blood transfusions on September 17:51, 2016, and driven the road front of a bus terminal in front of the city bus terminal in the Gangnam-gu, Gangwon-si, Gangwon-si, from the direction of the horizontal distance.

Since the location is front of the distance intersection with signal lights, in such a case, the driver of the vehicle is prohibited from driving the vehicle while normal driving is difficult due to influence of drinking, and the driver of the vehicle has a duty of care to ensure that the driver of the vehicle should not drive the vehicle in a state where normal driving is difficult due to influence of drinking, and that the driver has a duty of care to properly manipulate the steering direction, brakes, etc

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting the front week and failed to properly operate the brake system, led the victim C(34 S) who was in the atmosphere signaled in the front bank to drive the Derc-cock cruise, followed the car in the front part of the Defendant’s vehicle.

Ultimately, the Defendant driving the said vehicle in a situation where normal driving is difficult due to the influence of alcohol, resulting in the victim to suffer the salt pans and tensions that require approximately two weeks of medical treatment, and at the same time, damaged the said victim’s vehicle to use the said vehicle to exchange the c,152,081 won.

2. On September 2, 2016, the Defendant: (a) driven the above B Poter truck while under the influence of alcohol content of about 0.312% in a section of about 10km from the 10km to the front road of a bus terminal located in the Dong-dong in the same city on the same day from the roads following the hotel at the Seocho-si, Gangwon-si, Gangwon-do; and (b) around 17:51 on the same day.

Summary of Evidence

1. Statement prepared and made by the police for C;

1. Report on the occurrence of a traffic accident;

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