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(영문) 춘천지방법원 강릉지원 2016.10.20 2016고단1051
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

except that 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. Around 14:10 on July 16, 2016, the Defendant violated the Road Traffic Act (driving a sound driving) driven B-low-income vehicle under the influence of alcohol content of about 3.2 km from the front of the “Korean Family cafeteria” road located in North Korea-dong in North Korea-dong in the East Sea-si in the East Sea to the front road of the Pyeongpyeong Central History in the East Sea-dong in the East Sea.

2. The Defendant is a person engaging in driving a passenger car as stipulated in the above paragraph (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On July 16, 2016, the Defendant driven the above car at around 14:10, and continued to drive the front of the road of the Central Road of North Pyeong-dong in the East Sea at the time of the East Sea along the three-lanes from the intersection of the transmission-dong, one-lane between the two-lanes.

At the time, it is difficult to secure view due to the decline of the vehicle, and the surface was slicked. In such a case, there was a duty of care to safely drive the vehicle's steering gear and brake system by reducing speed and properly manipulating the steering gear of the vehicle.

Nevertheless, as in the above Paragraph 1, the Defendant was negligent in not examining the front section of the vehicle while under the influence of alcohol and not operating the steering system and operating system of the vehicle properly, and the part of the back part of the victim C's rocketing car that was driven in the front direction of the vehicle, which was driven by the Defendant, was committed three times in the front part of the vehicle driven by the Defendant.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, resulting in the Defendant’s damage to two in-depths of detailed unknown details, which need to be treated for about two weeks in a open room.

Summary of Evidence

1. Defendant's legal statement;

1. The actual survey report and related photographs;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a circumstantial report (whether to drive any motor vehicle under hazard) and a report on detection of any driver;

1. Criminal facts;

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