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(영문) 춘천지방법원 원주지원 2017.05.15 2017고단244
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

However, the execution of the above sentence 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 a person engaging in driving freight B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On January 25, 2017, the Defendant driven the above cargo while under the influence of alcohol of 0.124% during blood transfusion, and proceeded with the road in front of the box box located in the breadth-gun, which is located in the breadth-gun, to the agricultural bank located in the cultural village room.

At the same time, it is a private-distance crossing, and at the same time, the victim C(34 tax) and the driver of the motor vehicle had been driving the motor vehicle with the low speed D in the opposite part of the cargo vehicle, and therefore, in such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle so that it does not interfere with the passage of other motor vehicles.

Nevertheless, the Defendant neglected this and neglected to drive normally under the influence of alcohol as above, and was negligent in manipulating the steering gear by wrong operation of the steering gear, and received the front pent part of the vehicle in front of the said cargo vehicle.

Ultimately, the Defendant suffered injury to the victim C due to the above occupational negligence, such as two parts, which require approximately two weeks of medical treatment.

2. Defendant 1 driving a B Poter under the influence of alcohol content 0.124% from the 400-meter section to the above accident site in the direction of “sea frequency” located in 12-6, a room located in the 13-way crossing in the border of the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents and on-site photographs;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. C’s statement;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a crime causing bodily injury to the driving of danger) concerning the crime, and Article 148-2 of the Road Traffic Act.

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