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(영문) 춘천지방법원 강릉지원 2020.06.18 2020고단214
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a vehicle B with low bid.

1. At around 23:10 on February 25, 2020, the Defendant driven the national highway 7 of the same sea area (2nd line 800 meters in the D hospital) under the influence of under the influence of under the influence of alcohol concentration in blood alcohol, and driven the said vehicle while driving the said vehicle at a normal speed, and driving the said vehicle at a two-lane road in the direction of the order direction with the strong hill in the direction of the order direction, along one lane in which the central separation cost is installed.

Since there is a place where yellow solid lines and the center separation cost are installed, there was a duty of care to make a driver engaged in driving of a motor vehicle thoroughly and safely drive a motor vehicle with the duty of care.

Nevertheless, in a situation where normal driving is difficult due to the influence of alcohol, the Defendant was negligent in driving in a reverse line beyond a place where the center separation is installed, and the part of the Fabured car driven by the victim E (year 32) who was in a direct operation according to the vehicle line in the direction of the vehicle at the time, was driven by the Defendant’s vehicle in the front part of the right-hand part in front of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence during a period of six weeks from the 3rd balance of the right side in which treatment is required.

2. Violation of the Road Traffic Act (refluence of a drinking test) was requested three times from February 26, 200 to February 18, 2020, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as making the Defendant take a smell in the Defendant’s entrance from the border of the G District of the Gangnam Police Station G District, which called out at the scene of the accident at the scene of the accident, the face is red and inaccurate, etc., and on the same day, the Defendant was requested to take a drinking test at least three times by inserting the whole in a drinking measuring instrument at around 23:52 on the same day.

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