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(영문) 춘천지방법원 강릉지원 2018.12.06 2018고단766
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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 is engaged in driving a low-priced car.

1. On May 19, 2018, the Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said car at around 03:00, driving the said car and driving it along the same lane in front of the order bus terminal located in the Gangseo-si branch of Gangseo-si, and led it to a right way to the long distance from the surface of the east Sea Headquarters of the Republic of Korea.

A person engaged in driving a vehicle has a duty of care to safely operate the vehicle by checking well the right and the right of the right before the right of the right of the vehicle without drinking.

Nevertheless, the Defendant, while under the influence of alcohol content 0.162% in blood, was due to occupational negligence that did not keep the right-hand side of the running direction well while driving normally while making a bypass, received the front part of the left-hand side of the Defendant’s vehicle at the Defendant’s right-hand side in the course of making a bypassing. C (61 ) which stops on the right-hand side of the running direction.

Ultimately, Defendant 1’s negligence, as seen above, suffered injury to the victim E (V, 20 years old), who is a passenger of the said taxi, such as catum salt in the cat that requires treatment for about two weeks, and injury to the victim F (V, 19 years old), such as catum salt in the catum that requires treatment for about two weeks.

2. The Defendant, at the above date and place, driven the above low-speed car while under influence of 0.162% alcohol concentration in blood at the above time and place.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. A survey report on actual conditions;

1. On-site inspections and photographs of accidents;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Medical certificate (E, F);

1. Application of Acts and subordinate statutes to report on investigation (investigation into injury caused by driving any danger);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving) with respect to the facts constituting the crime as prescribed in the corresponding provisions of the Act, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (referring to the act of drinking alcohol).

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