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(영문) 춘천지방법원 원주지원 2018.09.05 2018고단660
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) and the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

On May 30, 2018, under the influence of alcohol level of 0.218%, the Defendant driven the said vehicle at around 19:40, while driving the said vehicle, and driving it to the sports ground at the right east side of the front city, the Defendant was under the influence of alcohol level of 0.218%, and therefore, the traffic control is performed by signal apparatus at the right east side of the front city. As a person engaged in driving a motor vehicle is an intersection where traffic is controlled by the traffic by the signal apparatus at the right east side of the front city at the front city, the Defendant was under the influence of the victim (29 years old) due to negligence while neglecting the traffic signal while driving the motor vehicle, despite the fact that there was a duty of care to safely drive the motor vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury, such as salt, tension, etc. of the trend requiring treatment for about two weeks.

2. On May 30, 2018, the Defendant: (a) driven a B-learning car under the influence of alcohol concentration of about 300 meters from the front line to the front line of C at the time of nuclear driving around 19:40 on May 30, 2018; (b) the Defendant driven a B-learning car under the influence of alcohol concentration of about 0.218% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions, on-site photographs of accidents, notification of the results of crackdown on drinking driving, written statement (D), diagnosis report (D), and each investigation report;

1. Application of Acts and subordinate statutes to inquire about criminal history;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the crime; Article 3 (1) and the proviso to Article 3 (2) 1 and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents; Article 268 of the Criminal Act; Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, Article 50, and the proviso to Article 42 of the same Act for the increase of concurrent crimes;

1. Article 62 of the Criminal Act:

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