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(영문) 춘천지방법원 원주지원 2020.04.09 2019고단1489
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 two years from the date this judgment becomes final and conclusive.

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 engaged in driving motor vehicles B;

On November 10, 2019, the Defendant, while under the influence of alcohol at 0.111% of blood alcohol level on November 18:25, 2019, driven the said low-priced car and continued to run the national highway letter No. 19 in front of the “D” located in Gangwon-gun C, Gangwon-do.

Since there was a one-lane road in which a drums are installed, the defendant engaged in driving service has a duty of care to accurately manipulate the steering gear and brakes of the vehicle and prevent accidents by accurately manipulating the steering gear and brakes while living well on the right and the right.

Nevertheless, under the influence of alcohol, the Defendant was in the front part of the vehicle in front of the Defendant’s driver’s vehicle with the wheel Day and its sign installed on the right-hand side by negligence while driving the vehicle in a difficult situation.

Ultimately, the Defendant suffered from the victim E (the age of 74) who was on the top of the car operation of the Defendant’s driver’s car operation at the same time due to the above occupational negligence, such as the closure of the cage cage, which requires approximately four weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the time and place specified in paragraph (1), and at the same time and place specified in paragraph (1), he driven a B-hand car at a section of about 15 km from the front of the residence of the Defendant in the Gangwon-do Crossing-gun under the influence of alcohol level of 0.11% to the places specified in paragraphs (1).

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report (1), (2), the circumstantial statement of a driving driver, and the report on whether to conduct any dangerous driving;

1. Medical certificates (E);

1. On-site photographs of traffic accidents;

1. Application of Acts and subordinate statutes concerning investigation reports (related to failure of a victim's statement);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, the Road Traffic Act.

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