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(영문) 춘천지방법원 강릉지원 2017.04.26 2017고단200
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

The defendant is a person who drives B Poter II cargo vehicles.

1. On January 16, 2017, the Defendant: (a) driven a vehicle B, while under the influence of alcohol, with approximately 200 meters alcohol concentration of 0.275% at a section of around 16, 200 meters from the gold from the Gangnam-si Rool to the front road of Gangnam-si, Gangnam-si; (b) the Defendant driven a vehicle B, under the influence of alcohol leveling 0.275%.

2. Defendant 1 driven the above vehicle in the direction of a gold dust from the edge of the gold dust, under the influence of alcohol level of 0.275% in the blood, while under the influence of alcohol level of 0.275% on the roads in front of Gangnam-si in the city of Gangseo-si as stated in the above 1.1.

The Defendant, while under the influence of alcohol, was negligent in driving the center of the center line while driving on the right edge line while driving the road, was faced with the injury of the victim D ( South, 80 years old) in front of the driver’s seat of the E-learning vehicle in the opposite direction. The Defendant, as seen above, was charged with the Defendant’s vehicle driving part before the driver’s seat of the Defendant, resulting in an injury to the victim F, who is the passenger, (e.g., 76 years old), such as the breath of the chest chill that requires two-day medical treatment, and the breath of the chest chill, which requires eight-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

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

1. The circumstantial report of a driver of a driving school, notification of the results of regulating drinking driving, and report on whether to drive any danger;

1. A report on investigation (Attachment, etc. of photographs);

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

1. Violation of the Traffic Act in the judgment of the relevant law concerning criminal facts: Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) in the judgment of the relevant law: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as stated in Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act:

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the two crimes of No. 2 of the Decision) (the two crimes of No. 2 of the Decision) are added.

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