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(영문) 춘천지방법원 원주지원 2020.01.08 2019고단1059
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than 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. On August 21, 2019, the Defendant was driving a B-hurged car under the influence of alcohol content of about 0.156% at the section of approximately 70 KK to the 109.5 K in the territory of the 109.5 K, in front of the mutual influence in the short-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnamyang-gun, Chungcheongnam-gu, Chungcheongnamyang-do.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a motor vehicle B.

On August 21, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.156% 0.156% while under the influence of alcohol around 22:41 on August 21, 2019, and led to two-lanes of Yong-gu Highway 109.5K, which is located in Kugu-gu, Chang-gu, Chang-si.

On the right side of the defendant at the time, the victim C(46 years old) driving was stopped, so the defendant, who is engaged in driving duty, has a duty of care to accurately operate the steering and operating the steering system by accurately operating the steering and steering system while living well.

Nevertheless, the Defendant neglected to do so due to the above influence of alcohol and neglected to do so at the front time due to the negligence of the Defendant’s driver’s negligence, the part of the victim’s driver’s driving in front of the right-hand car, which led to the left-hand gate of the victim’s driver’s driving.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc., which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The application of the actual condition survey report (1) (2) and 14 copies of site photographs, notification of the results of the control of drunk driving, report on whether to drive a dangerous vehicle, diagnosis report, and criminal records-related statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act concerning criminal facts;

1. The Criminal Act among concurrent crimes.

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