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(영문) 춘천지방법원 강릉지원 2017.07.14 2017고단566
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 28, 2017, the Defendant: (a) driven a C marina car under the influence of alcohol level of about 0.163% in the section of about 5km from the 3rd-si in the Gupool-dong of Gangseo-si to the 3rd-dong of the same city in the same city seat, from the 5km section to the roads near the green apartment.

2. The Defendant is a person who drives C M&A in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

Defendant 1. On the day set forth in the above 1. paragraph, the driver was driving the above car at the city of the time, and led to the course of the road near the green apartment that is located in the Gangseo-si, Gangwon-si, the central high school to the Corporation.

Since it was a road on which a central line has been installed, there was a duty of care to operate safely by accurately operating the steering gear and steering system to those engaged in driving service.

Nevertheless, under the influence of alcohol, the Defendant received utility poles installed in the opposite lane due to the negligence of the central line, as the front part of the said car.

Defendant D (18) who was on board the said car due to such occupational negligence caused injury to the victim D (3) who was on board the said car by approximately 16 weeks of opening the left-hand ske in need of medical treatment, injury to the victim E (17 years of age), such as the left-hand skes in need of medical treatment for about 6 weeks of age, and injury to the victim E (16 years of age) such as the right-hand skes in need of medical treatment for about 2 weeks of age.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of F, E, and D;

1. A traffic accident report and a traffic accident report (on-site investigation report);

1. A report on whether to drive any danger, a report on the detection of a driver of each main driving, a written appraisal of alcohol during blood and a notification of the results of regulating drinking;

1. All on-site photographs;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Violation of the Traffic Act (driving of alcohol) as stated in the relevant law concerning criminal facts: Each of the decisions under Articles 148-2(2)2 and 44(1) of the Road Traffic Act.

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