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(영문) 춘천지방법원 2017.05.10 2017고단121
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The Defendant is a person who is engaged in driving of Crocketing motor vehicles 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 said vehicle while under the influence of alcohol content of 0.255% in a non-string-distance and a cross-roping of 0.25% in the influence of alcohol during the blood transfusion, and driven the four-lane road in front of the KBS broadcasting station located in Chuncheon-ro 28, Chuncheon-ro, along two-lanes from the direction of the Chuncheon Police Station.

The driver of the vehicle has a duty of care to see the front side and the left side well, to accurately operate and drive the steering and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, was in the front part of the Defendant’s vehicle, was driven by the victim D (31 years old and south) who was waiting for the signal at the front of the Defendant’s front-hand, waiting for the signal while driving a stroke by negligence.

Ultimately, the Defendant driven the said rocketing car in a situation where normal driving is difficult due to the influence of alcohol, and caused the injury of the victim F, who was on board the victim D and the head of the passenger car operation of the said rocketing Do to the extent that the Defendant would have been on board the victim F, who was on board the victim D and the head of the said Do.

2. Defendant 1 driven the said rocketing car at approximately 500 meters away from the entrance of the national living hall in Chuncheon-si, in the state of alcohol 0.255% during blood at the above time to the front of the above KS Chuncheon Broadcasting Station.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of D;

1. The actual survey report and on-site photographs of traffic accidents;

1. Medical certificate (D), medical certificate (F);

1. Application of Acts and subordinate statutes to a report on risk driving, response to a request for appraisal, and report on the detection of a primary driver;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by the driving of each danger) and Road Traffic Act concerning criminal facts as provided in the corresponding provision of the Act.

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