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(영문) 춘천지방법원 원주지원 2019.10.02 2019고단769
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a diesel car at the 2.0 diesel car level.

On July 10, 2019, at around 22:50, the Defendant: (a) while driving the said vehicle while driving the vehicle in front of C at the prime week while driving the vehicle in front of C at the prime week, the Defendant, despite the duty of care to safely drive by taking into account the right and the left and right of the vehicle; (b) while neglecting it under the influence of alcohol and neglecting the duty of care to safely drive the vehicle in front of the vehicle; (c) by negligence, the lower part of the victim D (W, 49 years old) who was waiting for traffic in front of the vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and suffered injury, such as brain-dead, etc., in which there is no one in two or more open for medical treatment for about three weeks.

2. On June 16, 2017, the Defendant is a person who has been issued a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act in the original state support of the Chuncheon District Court.

At around 22:50 on July 10, 2019, the Defendant driven the F apartment parking lot from the original city to the front road of the same city with approximately 2 km alcohol concentration of approximately 0.324%, while under the influence of alcohol, the Defendant driven the B 2.0 diesel car in the state of alcohol level of about 0.324%.

As a result, the defendant was punished for a drunk driving and was driving again.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on actual condition, a report on whether to drive any danger, a report on the results of the control of drinking driving, a medical certificate, and a criminal investigation report;

1. Application of statutes concerning criminal records;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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