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(영문) 춘천지방법원 속초지원 2019.01.09 2018고단411
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B K3 automobiles.

On August 24, 2018, while the Defendant driven the said vehicle with a blood alcohol content of 0.180% around 22:00, while driving the said vehicle, and driving the blue distance of Ambassador 223, which is located in the 223th of the early middle speed in the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the road, the Defendant did not discover the victim C (n, 17 years of age) who walked along the pedestrian signal from the left side of the moving direction of the Defendant’s driver’s vehicle in the front of the front of the front of the front of the driving vehicle and received the victim from the front of the front of the front of the Defendant’s vehicle.

Ultimately, the Defendant driven a car in a state where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as the blood transfusion and the blood transfusion due to the external wound, which requires at least 12 weeks of treatment.

2. On the same day as stated in paragraph (1) of this Article, the Defendant driven the said B K3 vehicle while under the influence of alcohol with a blood alcohol concentration of about 0.180% from the 1km section to the Cheongju-ro 223, which is from the vicinity of the food complex located in the Sinsi-si, Sin Sinsi-si at about 22:00.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police preparation of D;

1. Report on the occurrence of a traffic accident, report on the actual condition, report on the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Two copies of a medical certificate and written opinion on whether a person has a serious injury;

1. Application of traffic accident-related Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning criminal facts;

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