(영문) 춘천지방법원 2020.05.20 2020고단203

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(영문) 춘천지방법원 2020.05.20 2020고단203

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

except that 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. Around 20:45 on October 26, 2019, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) operated the Cuniversity at the right turn to the left at a fluorial speed from the lower court of Chuncheon District by driving the Esp vehicle in a state where it is difficult to drive normally, under the influence of alcohol level 0.148% in blood alcohol level 0.148%.

A person engaged in the duties of driving a motor vehicle on the road with a central line installed at that time has a duty of care to keep the central line well and to safely operate the steering gear and brake system by properly operating it.

Nevertheless, the Defendant, due to influence of drinking, was negligent by the negligence of the central line in a state where normal driving is difficult due to the influence of drinking, and the front wheel part of the Franchis car, which was in the atmosphere of the left-hand signal at the direction of the driving, was shocked with the front wheel part of the Franchis car above.

In the end, the Defendant suffered injury to the victim H(52 years of age) who is the passenger of the damaged vehicle due to the foregoing occupational negligence in a state where normal driving is difficult due to influence of drinking, such as salt, tension, etc. in need of two weeks of treatment.

2. On the same date and time as set forth in paragraph 1, the Defendant driven the above SP car at approximately 2 km from the J-Road in Chuncheon City to the road in front of the location of the B Accidents in Chuncheon City, from the J-si to the road in front of the location of the B Accidents.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

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

1. A medical certificate;

1. Application of statutes on field photographs;

1. Relevant Article of the Criminal Act and the aggravated punishment, etc. of specific crimes selected.

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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