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(영문) 춘천지방법원 강릉지원 2019.02.12 2018고단1266
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaged in driving motor vehicles B;

On October 21, 2018, at around 13:10, the Defendant driven the said car with 0.172% alcohol concentration 0.172%, and, at the same time, driven the said car, the Defendant continued the front road in front of the D cafeteria located in Seoul from the direction of the puk-si.

A person engaged in driving service shall not drive in a state where normal driving is difficult due to the influence of alcohol, and there was a duty of care to safely drive by accurately manipulating the front and rear left, steering and brakes while driving.

Nevertheless, while the Defendant was negligent in driving the said car while under the influence of alcohol and was driving the said car, the Defendant took part of the front part of the car in front of the said car by excessively manipulating hand while driving the fishing era that was between the driver’s seat and the chief of the operation of the said car and by excessively manipulating hand.

Ultimately, the Defendant, as seen above, suffered injury to the victim E (the aged 41) who was on driving the said vehicle while driving the said vehicle in a difficult condition due to influence of drinking, such as the lower end of the frame requiring approximately six weeks medical treatment, and the multi-divating frame, etc.

2. The Defendant violated the Road Traffic Act (driving) driving a vehicle B with the 0.172% alcohol concentration in the 3km section from the 3km section from the 3km section to the d restaurant road located in C at the time of temporary border, such as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the occurrence of a traffic accident, brief map, on-site photograph, and actual condition survey report;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. A report on whether to drive any dangerous motor vehicle;

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

1. Relevant Articles of the Criminal Act and specific crimes for which punishment is chosen.

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