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(영문) 춘천지방법원 원주지원 2018.10.18 2018고단912
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 15, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for a violation of road traffic laws (drinking driving) at the main branch of the Chuncheon District Court on March 15, 2007, and on May 3, 2012, the same court was sentenced to imprisonment for eight months and a suspended sentence for two years.

1. On July 9, 2018, the Defendant was under the influence of alcohol level of 0.168% among blood transfusions on July 16, 2018, the Defendant driven the EM3 car on the road of approximately 200 meters from the day before the original apartment site B to D in the front of the D located in C.

2. The Defendant, as above, driven the said car under the influence of alcohol at the time of the above day and proceeded with the two-lanes of the two-lanes of the D in the front of the C in the original city, from the offline of the G sports hall at the time of the above day, from the offline, the two-lanes of the D in the front city.

At the time, the victim F(44) was on board

GM7 Passenger Vehicles stopped. In such a case, the Defendant, who was engaged in driving of a motor vehicle, has a duty of care to accurately operate the brakes and prevent accidents by accurately operating the brakes. However, the Defendant neglected his duty of care due to influence of drinking, while neglecting his normal driving, caused the Defendant’s negligence in the course of business, resulting in an injury to the Defendant, such as the sM7 vehicle’s troke part behind the Defendant’s driver’s vehicle, and the Defendant suffered from the Defendant’s injury, such as strokes and tensions that require treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a statement on the circumstances of the driver of the vehicle taking charge, a report on risk driving, a notification of the results of the crackdown on drinking drivers, a medical certificate,

1. References to inquiries, such as criminal history, reporting on the result of the investigation before and after the previous conviction, summary order, and application of statutes of the judgment;

1. Article 148-2 of the Road Traffic Act concerning the crime and Article 148-2 of the same Act concerning selective punishment;

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