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(영문) 춘천지방법원 2018.02.21 2017고단1208
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. The Defendant is also a person who is engaged in driving a sports vehicle in the context of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving)

On June 17, 2017, the Defendant driven the above vehicle while under the influence of alcohol level of 0.179% from blood alcohol level around 01:50 on June 17, 2017, and led to the flow of the 407 line local roads of 907 line at the Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun.

At the time, the location was night and the road was bended by the direction where the center line of the yellow-ray was installed, so there was a duty of care to thoroughly operate the driver on the front line, to thoroughly keep the front line and to safely operate the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and took part of the part in front of the left side of the Defendant’s vehicle of the victim E (the 46-year-old driver) driving on the opposite lane due to the negligence near the center line.

As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury, such as the body breath of the left-hand aggregate, which requires approximately eight weeks medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a Dacco sport vehicle under the influence of alcohol content of approximately 0.179% in a section of about 10km from the 10km to the places described in paragraphs (1), which is the city-Sincheon-gun, the Sincheon-gun, the Sincheon-gu, the Sincheon-gu, the Sincheon-gu, the Sincheon-gu, the Sincheon-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Each G statement;

1. Notification of the result of regulating the driving of drinking, on-site photographs, and a report on actual condition survey;

1. Application of Acts and subordinate statutes of each written diagnosis;

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, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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