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(영문) 춘천지방법원 강릉지원 2019.01.11 2018고단1179
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

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

On October 30, 2018, the Defendant, while under the influence of alcohol of 0.175% of blood alcohol level around 12:56 on October 30, 2018, driven the said car and driven the third line road of 13 lanes at the center of the C elementary school in the direction of the branch school.

At this point, there is a duty of care to safely drive the vehicle according to the traffic instruction by checking the front side and the left and right of the driver.

Nevertheless, the Defendant neglected this and neglected to walk 0.175% of blood alcohol level in a breath condition, and due to the negligence of the Defendant’s driver’s failure to drive normally under the influence of drinking, such as that he cannot walk red and normally, and smells in the entrance, etc., and caused the part on the left side of the above vehicle of the victim D(38 years old) while normally proceeding at one lane in the direction of the Defendant’s driving.

As a result, the Defendant suffered injury to the victim, such as climatic salt, tension, etc., for about two weeks of medical treatment due to occupational negligence as above.

2. Around 12:56 October 30, 2018, the Defendant was driving a car in the column B at approximately 1.5 km from the front road of the F apartment in a three-dimensional state of alcohol alcohol concentration of 0.175%, from the front road of the F apartment in a three-dimensional state of alcohol level to the site of the accident described in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and a map on each field;

1. Report on whether to drive a motor vehicle in danger (investigative report (blood measurement result) - Written appraisal of blood alcohol);

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

1. Specific crimes under the relevant Act regarding criminal facts.

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