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(영문) 춘천지방법원 영월지원 2018.01.30 2017고단515
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a CMW car.

On November 10, 2017, the Defendant driven the said car with a alcohol level of 0.103% 0.10% in alcohol while under the influence of normal driving due to blood alcohol around 19:50 on November 10, 2017, and led the road of one lane in front of the oil station located in Gangwon-gun, Gangwon-gun, Gangwon-gun, to proceed at an insular speed from the backside to the backside.

At that time, there is a night and a place where the center line of the yellow-ray is installed, so there was a duty of care to prevent accidents by thoroughly operating the driver at the front left left and right right, by safely operating the wheel and the steering system in a safe manner, by accurately manipulating the steering wheel and the steering system.

Nevertheless, the Defendant neglected this and got the front part of the upper left side of the CMW car at the FM car stop in accordance with the FM car stop under the FM car stop under the FM car stop line on the opposite side of the CM car, and continued to stop after the CM car on the above BMW car, and received the front part of the lower part of the IF car at the left side of the CM car.

Ultimately, the Defendant suffered injury to the above victim, such as salt, tension, etc., in need of approximately two weeks of medical treatment due to occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement in which the occurrence of each traffic accident by the F and H occurs;

1. A survey report on actual conditions;

1. A report on internal investigation (on-site conditions, etc.);

1. On-site and vehicle photographs;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (an investigation into the suspect's status at the time of an accident);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act, respectively.

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