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(영문) 춘천지방법원 강릉지원 2018.01.25 2017고단1359
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of Bone Star Cargo Vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On November 3, 2017, the Defendant was under the influence of driving the front road at the intersection of Gangseo-si University of Gangwon-si, which is located in the 7th Gung-si (Seoul Special Self-Governing Province) on November 3, 2017, when it is difficult for the Defendant to drive the front road at 0.11% of alcohol level in blood, walking, smelling, and smelling.

The Defendant, while driving by negligence, who was in the influence of alcohol and driving by negligence, obstructed the center line of the Defendant and waiting the signal at an intersection in front of the above cargo vehicle of the Defendant, leading the Defendant to the direction-setting of the Defendant, and faced the victim with the pent part of the left left side of the vehicle of the victim C(28 years old) driving, which was under the influence of alcohol, and suffered the injury of the Defendant, such as the erogate, tension, etc. of the shoulder, which requires approximately two weeks of medical treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. Violation of the Road Traffic Act (drinking driving) Defendant 1 driven a bki truck under the influence of alcohol leveling 0.11% from the 14km section from the front of the order-driven port located in the order-driven Si of Gangseo-gu in Seoul Special Metropolitan City to the place same as the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. The actual investigation report on traffic accidents;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, and report on whether to drive any danger;

1. On-site photographs;

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

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. Aggravation concurrent crimes;

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