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(영문) 춘천지방법원 원주지원 2019.02.13 2018고단1270
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) is a person engaged in driving C automobiles;

On November 20, 2018, the Defendant, while driving the said vehicle under the influence of alcohol level of 0.198% on blood alcohol level at 17:40% on November 20, 2018, was followed by the Defendant’s vehicle behind the victim’s G QM6 vehicle in the direction of the Defendant’s vehicle following the Defendant’s vehicle behind the Defendant’s vehicle, who is engaged in driving duty while driving the vehicle in the direction of Da in the direction of the original city, in the direction of the original city, from the park parking lot adjacent to the original city, the person who is in charge of driving duty while driving the vehicle in the direction of the original city in the direction of the city, despite his duty of care to report the front and rear traffic situation well and safely drive the vehicle in the direction of the front city.

The Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence.

2. On November 20, 2018, the Defendant driven a B-car under the influence of alcohol concentration of 0.198% from the blood alcohol level at approximately 30 meters from the 30-meter section of the front line at the Won-si, nuclear power plant around November 2018.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report, a report on the results of the drinking driving control, and a medical certificate;

1. Application of statutes concerning criminal records;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (wholly amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning criminal facts;

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

1. Although the crimes of this case under Article 62(1) of the Criminal Act are highly drinking, there are circumstances unfavorable to the defendant, such as the nature and circumstances of the crime, and the fact that the crime is hot, and the victim did not reach an agreement with the victim, the defendant has no criminal records of the suspension of execution or more, and the defendant has no criminal records of the crime.

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