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(영문) 춘천지방법원 강릉지원 2017.09.07 2017고단736
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. The Defendant is a person who drives a flobbbbing cargo vehicle in the course of business in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from a dangerous driving).

On April 30, 2017, the Defendant driven the above cargo vehicle in the direction of the coast in the public playground of Gangwon-do, where it is difficult to drive normally due to the following: (a) under the influence of alcohol leveling 0.203% under the influence of alcohol leveling 0.203% of alcohol level in blood; (b) the Defendant fluencing the fluencing apartment road, which is located in the 31:50 Yung-si, Gangnam-si, Jung-si, Jung-si. 201.

The Defendant did not discover the amount of DK7 car driving at the right side of the victim C (n, 41 years old) who was parked on the right side due to the negligence of driving a ske while under the influence of alcohol, and did not discover the amount of DK7 car driving, and received the part of the victim's vehicle driving ahead of the left side of the victim's vehicle in front of the left side of the above cargo vehicle by the Defendant, and suffered injury to the victim E (12 years old) who is the passenger of the victim's vehicle in need of approximately two weeks of medical treatment, and suffered injury to the right side of the victim E (12 years old) for about two weeks of medical treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. Defendant 1, while under the influence of alcohol level of 0.203% during the day-to-day alcohol level of the above paragraph (1), driven B 4km from the 4km area to the front of the East-si 1251-8 along the coast of Gangseo-si in the condition of under the influence of alcohol level of the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The actual investigation report on traffic accidents;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, and report on whether to drive any danger;

1. On-site photographs;

1. Each written diagnosis;

1. Investigation report (investigation into the application of the above dmark formula), investigation report (related to the suspect drinking numerical value) and the application of statutes;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime.

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