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(영문) 춘천지방법원 강릉지원 2017.08.17 2017고단766
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

On February 14, 2011, the Defendant was sentenced to a fine of 1.5 million won for a crime of violating road traffic law in the Gangnam Branch of the Chuncheon District Court, and was sentenced to a fine of 6 million won for the same crime on October 14, 2013.

1. Although Defendant 1 was punished for driving under drinking on two occasions as above, Defendant 2 driven C Dok-line cargo at around May 26, 2017, under the influence of alcohol concentration of about 0.275% from the 1km section from the 1km-dong Parking Lot in North-dong, Chungcheongnam-dong, Chungcheongnam-si, the East Sea, to the front day of the exhibition hall of the same 706-use vehicle, while under the influence of alcohol concentration of about 1km from the 1km section before the exhibition center.

2. The Defendant is also a person who is engaged in driving a bareboat cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury resulting from dangerous driving).

On May 26, 2017, around 17:25, the Defendant, while under the influence of alcohol, operated the said cargo vehicle, and operated the three-lane road in front of the exhibition center in the East Sea, with the efficacy of the said year along the two-lane distance.

In the front of the cargo vehicle at the time, the victim D(51) operated by the victim D(51) and the vehicle was stopped by using a stop signal, so in such a case, the driver had a duty of care to safely drive the vehicle by checking the trends of the vehicle in front.

Nevertheless, the defendant neglected to drive under the influence of the above drinking so that it is difficult for the defendant to drive the vehicle normally due to the above influence of drinking and neglected to do so, and the part of the front part of the freight driven by the defendant due to the negligence of the defendant and received the back part of the car.

Ultimately, the Defendant suffered from the victim D’s occupational negligence on the part of the above 20-day flaps and tensions on the bones of neck, and the victim F (the 50-year old-age-old-age-old-old-old-old-old-old flaps, tensions, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. The defendant's statement in court;

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