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(영문) 춘천지방법원 영월지원 2018.02.20 2017고단537
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 second cargo vehicle in B.

On September 2, 2017, the Defendant driven a truck with alcohol level of 0.194% in around 19:15, while under the influence of alcohol level of 0.194% in blood, and led to a road of 2,000,000,000,000,000,000 Won-gun-gun, Seowon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do, to the gymna

Since there is a long distance intersection that is not supported by traffic control, there was a duty of care to prevent accidents by safely driving the vehicle by checking whether there is a vehicle that crosses by reducing speed or temporarily stopping the vehicle.

Nevertheless, due to the negligence of the defendant's driving of alcohol, the defendant neglected to do so and proceeded on the right side of the defendant's driving, and the victim C's co-driving that proceeded on the left side from the right side of the moving direction also received the part of the victim C's driving in front of the left side of the sports cargo vehicle as the second cargo's right side.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt, tension, etc. in need of two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. A report on internal investigation (attaching photographs, such as the scene of an accident);

1. Notification of the results of regulating drinking driving;

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

1. A dangerous driving report;

1. A medical certificate;

1. A report on investigation (a statement by a victim C telephone);

1. Application of Acts and subordinate statutes to a criminal investigation report (in addition to accident scene photographs);

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. The Criminal Act, the suspension of execution;

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