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(영문) 춘천지방법원 강릉지원 2020.01.22 2019고단1254
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Brenren car.

1. On October 3, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven the said car under the influence of alcohol concentration of 0.149% on blood alcohol level on October 3, 2019, while driving the said car, driving the said two-lane road in front of D in Gangseo-si C, Gangwon-si, along the two-lane distance from the direction of the e market to the e market, and stopping.

At the time, the vehicle was driven by the victim F (37 years old) before the Defendant was parked in the G rocketing in the signal atmosphere, and thus, the driver of the vehicle had a duty of care to keep the distance from the front vehicle sufficiently and to prevent the accident by accurately manipulating the brake system.

Nevertheless, the Defendant neglected to do so and carried the vehicle in front of the Defendant’s car, and the part of the victim’s vehicle was shocked by the Defendant’s vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in need of treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) driving a Karen Motor Vehicle under the influence of alcohol with approximately 0.149% of alcohol level in the section of about 10 km from the I Hospital located in the above temporary Kung-si H to the above accident site.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident, a traffic accident report, and an accident site photograph;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and report on whether to drive any dangerous vehicle;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 148-2 (3) of the Road Traffic Act concerning the crime.

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