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(영문) 춘천지방법원강릉지원 2020.08.13 2020고단427
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] The Defendant is a person with three times the same kind of drinking driving force, including having received a summary order of KRW 5 million from the Gangnam Branch of the Chuncheon District Court on January 22, 2010 by committing a violation of the Road Traffic Act (driving).

【Criminal Facts】

The Defendant is a person who is engaged in driving of Lesto or freight vehicles B.

On April 25, 2020, the Defendant was under the influence of alcohol of 0.136% of blood alcohol concentration at around 17:35, and was driving the said vehicle at approximately 20 meters from the front of the D cafeteria in Gangseo-si C to the front road in Gangnam-si E, while driving the said vehicle at approximately 20 meters from the front of the D cafeteria in Gangnam-si, the front road turned back from G apartment gate to the F d gate.

In this case, a driver of a motor vehicle has a duty of care to prevent a collision with a person, a vehicle, etc. who is passing through the future by accurately operating the steering system of the motor vehicle, the steering system of the motor vehicle, brakes, and other devices.

Nevertheless, the Defendant, under the influence of drinking, did not discover the victim H (ma, 29 years old) who was in the process of treating the vehicle in front of the cash automatic withdrawal machines installed in the rear direction by negligence while driving the vehicle in an incorrect manner, without walking, with a strong walking distance, and with a strong part of the vehicle behind the driver.

Ultimately, the Defendant violated the provision on the prohibition of driving under the influence of alcohol twice or more, and suffered injury by the Defendant, by negligence in the course of performing duties, such as the crypum dump, which requires treatment for about two weeks, while driving a motor vehicle while under the influence of alcohol with a level of 0.136% alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. 112 Reporting case management table;

1. Previouss before ruling: Criminal history records, the same kind of investigation report;

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