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(영문) 춘천지방법원 원주지원 2017.11.09 2017고단618
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

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. A Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a balp motor vehicle under the influence of alcohol on April 27, 2017, as described in paragraph (2) around 08:35, and turn to the left at the front of C in the front of C in the front of C in the front of C at the seat of the Thai School at the 1 Dong community service center in the front of C in the front of C.

At this point, the cross-road crossing where signal apparatus is not installed. In such a case, the defendant was obliged to safely turn to the left in such a way that it does not interfere with the passage of other vehicles by examining well whether the defendant who was engaged in driving of the motor vehicle has a direct driving vehicle, and in such a case, the defendant neglected to drive the motor vehicle under the influence of alcohol as above and left the left at the same time, due to the negligence in the course of business where the defendant neglected to turn to the left at the left without neglecting it, and due to the negligence of the victim D(n, 38 years old) who was a victim's E-ray driving seat of the victim D(n (n, 38 years old) who was directly going to the front of the motor vehicle of the defendant for about two weeks, and suffered the victim's injury, such as the chills, tensions, tensions, etc. in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said car from around 3 km to the site of the said accident, from the front apartment of the Plaintiff, who was under the influence of alcohol 0.116% at the time of the said day, while driving the said car from around 0.16% at the time of the said day.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual condition, a report on the results of crackdown on drinking driving, a circumstantial report on the driver of the drinking and a report on whether to drive any danger;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor for the crime, and the choice of a sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The sentencing of Article 62(1) of the Criminal Act is based on suspended execution.

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