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(영문) 춘천지방법원 영월지원 2017.10.24 2017고단330
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

1. Around July 7, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a two-lane road of 376 degrees in front of the natural disaster occurred at the south of Taecheon-si, Taecheon-si, Seoul, with two-lanes of roads in front of the natural disaster occurred in the Yellow-si area, at the boundary of Tong/Ri, at the 2-lane of Tong/Ri.

At the time, the location was a low-water situation, so the person engaged in driving service has a duty of care to take care of the front and right and the right and the right and the right and to prevent the accident in advance.

Nevertheless, the Defendant was negligent in driving at the front of the car with alcohol concentration of 0.220% while under the influence of alcohol while driving normally and due to negligence in the front time while he was unable to drive, and was found to have been in the front part of the victim C(45 ) driving Dscara 27 tons of a dscarp truck and the safety part of the dump truck.

Accordingly, the Defendant suffered injury to the victim, such as salt, tensions, etc. in the 2 week medical treatment for the victim in the above occupational field and room.

2. The Defendant violated the Road Traffic Act (drinking driving) operated a car with B stom in the state of alcohol level of about 0.220% in alcohol level from a section of about 200 meters from the road front of the parking lot of the 140 Han-do, Tae-do, Tae-do, Tae-do, Jin-si, Seoul, to the road front of the 376-gu, Jin-si, Seoul, Seoul, at the time of a day specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. On-site photographs;

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

1. A report on the detection of a primary driver;

1. Investigation report (investigation related to risk);

1. Application of Acts and subordinate statutes (C);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution;

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