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(영문) 춘천지방법원 영월지원 2018.09.18 2018고단267
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

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

The defendant is a person who is engaged in driving a Bchip car.

On May 20, 2018, the Defendant driven the said vehicle under the influence of alcohol such as red, etc., while under the influence of alcohol, at around 02:37, the Defendant driven the said vehicle in a state where it is difficult to drive the vehicle normally due to the influence of alcohol such as alcohol, and driven the road front C of the Gangwon Stopon Line of Gangwon.

At all times, the EZERA car driven by the victim D in the same direction was in progress. In such a case, there was a duty of care to prevent accidents in advance by making it possible for the driver to live well, securing safety distance, etc.

Nevertheless, the Defendant neglected to do so due to the influence of drinking, and was negligent in proceeding as it is, the lower part of the vehicle AZEA was committed in front of the Defendant’s car.

After all, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and the Defendant suffered injury such as the fluoral dume of a confection requiring approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of D traffic accidents;

1. A survey report on actual conditions;

1. On-site photographs;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the circumstances of the driver at home;

1. Investigation report (victim D telephone communications);

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant recognizes each of the crimes of this case, the fact that the defendant is covered by the comprehensive automobile insurance, and there is no record of punishment exceeding the fine.

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