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(영문) 춘천지방법원 강릉지원 2019.06.21 2019고단460
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a Bsch Rexroth car.

On March 24, 2019, the Defendant driven the said car on March 24, 2019, while driving it at a speed of 0.111% alcohol level, the Defendant driven the front road of Gangseo-si C in the direction of the E cafeteria from the D cafeteria to the direction of the E cafeteria.

At the same time, there was a duty of care to reduce speed and safely proceed according to the traffic situation by accurately operating the front, rear and left, and the left and right of the driver of a motor vehicle.

Nevertheless, the Defendant was negligent in driving under normal conditions such as influorous distance and red color belts with the influence of drinking, and was negligent in entering the intersection by simply entering the intersection. A victim G (the 57-year-old driver), who was in the direction of Fschool from the westwest Zone, was in the front of the left-hand part of the Defendant’s vehicle.

As a result, the Defendant suffered from the injury of the victim, such as a hacker and hacks, which requires a three-day medical treatment due to occupational negligence in a situation where normal driving is difficult due to the influence of alcohol as above.

2. Violation of the Road Traffic Act and the violation of the Road Traffic Act (driving without a license) set forth in paragraph (1) were driven by the Defendant, while under the influence of alcohol, the blood alcohol concentration of about 0.11% without a driver’s license, from about 50 meters to about the front of the city of Gangseo-si, the time limit set forth in paragraph (1) of the same Article.

3. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant did not subscribe to mandatory insurance at the time and place specified in paragraph (1).

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