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(영문) 춘천지방법원 강릉지원 2019.09.05 2019고단937
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three 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) and the Defendant is a person engaged in driving a BSS5 vehicle;

On July 17, 2019, at around 22:13, the Defendant driven the said car with a blood alcohol concentration of 0.177%, and led C ahead of the road to go through the direction from the solar slope.

At that time, there were two lanes in the center line of yellow solid lines at the center of the road. Therefore, a person engaged in driving motor vehicles has a duty of care to refrain from driving motor vehicles beyond the center line by accurately manipulating the steering system, brakes, and other devices of the motor vehicle.

Nevertheless, the Defendant, under the influence of drinking, fluened off a road, and fluened the part of the victim D(the age of 36) driven by the central line due to the Defendant’s fault in a situation where it is difficult for the Defendant to drive normally, such as a fluorous distance, with the influence of drinking. The fluor of the instant fluore EV car driven by the victim D(the age of 36) facing the direction of the Defendant’s running.

Ultimately, under the influence of alcohol level 0.177% under the influence of alcohol level as seen above, the suspect suffered by negligence in the course of business the injury of the victim, such as the climatic salt requiring treatment for two weeks, and at the same time, damaged the car driven by the victim to be 4,162,670 won in repairing costs.

2. On May 10, 2017, the Defendant was issued a summary order of KRW 3 million for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on the grounds of the crime of violation of the Road Traffic Act (driving). On July 22 and 13, 2019, the Defendant driven BM5 car from the G in the area of about 18 km to C in the area of about 18 km from the G near the G in Taeg City F while under the influence of alcohol level of KRW 0.177% on July 17, 2019.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol twice.

3. Violation of the Guarantee of Automobile Accident Compensation Act;

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