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(영문) 춘천지방법원 강릉지원 2020.03.20 2019고단1460
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

However, 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. On November 25, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) operated a B B-related cruise car with blood alcohol concentration of 0.124% on the same sea at the same time, while driving the B-related cruise car at the speed of 0.124% on November 25, 2019, and driving it toward the 3rd speed of 4856 degrees from the east of the same sea at the same time. At that time, the Defendant was getting off at night, and its location was the private-distance intersection where signal lights are installed. Therefore, there was a duty of care to safely drive the car in accordance with good faith by reducing the speed and taking into account the right

Nevertheless, while under the influence of alcohol, the Defendant violated and proceeded with a stop signal while neglecting the above duty of care, and was under the influence of the victim C(39 years old) driving at the right side of the victim C(39 years old) who was making a left-hand turn pursuant to the signals in the opposite part, and was under the influence of the Defendant’s vehicle.

As a result, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and caused the victim C to suffer bodily injury, such as scopical salt, tension, etc., the victim E (the 37-year old-age-old victim E) who boarded the damaged vehicle to undergo approximately two-day medical treatment, and the victim F (the 12-year-old age-old victim), to suffer bodily injury on the part of the fingers and tension in need of approximately two-day medical treatment, and to cause the victim G (the 9-year-old victim) to suffer bodily injury for about two-day medical treatment.

2. A violation of the Road Traffic Act (LA) was driven by the Defendant in a state of alcohol alcohol concentration of approximately 0.124% at the 1km section from the I road located in H in the East Sea to the intersection of approximately 4856 EM in the East Sea from the I road located in the East Sea at the same time, such as paragraph (1) of the same Article.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on detection of drinking drivers and the results of crackdown on drinking driving;

1. The actual survey report and the traffic accident;

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