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(영문) 춘천지방법원 원주지원 2016.11.07 2016고단905
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 01:50 on August 30, 2016, the Defendant driven a C-Adi vehicle under the influence of alcohol content of about 500 meters at a section of about 0.201%, with alcohol content of 0.201% in the front distance of the original correctional institution located in the same phase from the Do in front of the original C-Ari-dong at the beginning of the city.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the Defendant to drive the said vehicle in a situation where normal driving is difficult due to influence of drinking at the time set forth in paragraph 1, and driving the distance ahead of the atomic correctional institution at the starting point of the atomic speed from the side of the wharf.

At this point, there was a duty of care to make a person engaged in driving of a motor vehicle to live well on the front and the right and the right and the right of the motor vehicle, and to operate the steering and the operation of the steering system accurately.

Nevertheless, due to the negligence that the Defendant, while under the influence of alcohol, was unable to live well, and the Defendant was driven by the victim D(the age of 45) who was in the atmosphere of the signal at the front of the left-hand part of the car operated by the Defendant, and received the part behind the right-hand part of the car.

As a result, the Defendant suffered, by its occupational negligence, the injury to the victim D, such as salt, tensions, etc., which requires approximately two weeks of medical treatment, and the victim FF (the age of 48) who was accompanied by the damaged vehicle, for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and F;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. Each written diagnosis;

1. Notification of the result of crackdown on drinking driving, and report on whether to drive any danger;

1. Application of each statute on photographs;

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

1. Trade name;

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