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(영문) 춘천지방법원 원주지원 2017.05.11 2017고단308
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. On February 8, 2017, the Defendant, while under the influence of alcohol level of 0.183% during blood transfusion around 21:00 on February 8, 2017, driven a Clearning car and proceeded ahead of the apartment road, which 1894 on the ground of the original city’s bad influence, with the front side of the road at the police station of the original city.

At the same time, the victim D(52) driving Estyst car of the victim D(52) was parked in the signal atmosphere. In such a case, the Defendant, who was engaged in driving of the vehicle, had a duty of care to prevent the accident in advance by thoroughly manipulating the brake system in accordance with the progress of the vehicle that occurred earlier through thorough operation of the operation of the vehicle at the front time. However, the Defendant, as seen above, neglected to drive the vehicle at the front time due to the influence of alcohol and did not operate the brake system from time to time due to occupational negligence, caused the part behind the damaged vehicle to the front part of the Defendant’s driving vehicle. Accordingly, the Defendant, who was negligent in driving the vehicle at the front time and did not operate the brake system from time to time to time, she saw the light base in which the treatment for approximately two weeks is required to the above victim F(57 years old) who was the victim of the vehicle.

2. Defendant 1 driven the said vehicle under the influence of alcohol concentration of about 0.183% from the 4km section from the 4km-dong at the time of the above day to the place of the accident.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Report on the occurrence of a traffic accident, report on the actual condition of driving, report on the circumstances of driving at home, report on the circumstances of driving at home, report on the circumstances of the driver at home and report on the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 44-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime committed under the relevant provisions of the Act;

1.Article 40 of the Criminal Code of Trade and Trade.

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