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(영문) 춘천지방법원 강릉지원 2018.10.18 2018고단812
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. The defendant is a person who is engaged in driving of the freight B and C in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On July 30, 2018, the Defendant driven the above cargo while under the influence of alcohol 0.187% during blood transfusions on July 30, 2018, and led to a local highway located in the 456th of Gangseo-si in the luxic acid of Gangseo-si, into the normal direction of the rent-out from the luxic acid.

A person engaged in driving service shall not drive in a state where normal driving is difficult due to the influence of alcohol, and in particular, he/she has a duty of care to drive by thoroughly manipulating the steering time and accurately manipulating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving the above cargo while driving the steering gear, and caused the drums on the left-hand side of the moving direction beyond the central line, and accordingly, the Defendant took the retaining wall on the right-hand side of the moving direction and took the retaining wall on the steering direction, and caused the victim C (e.g., 58 years of age) who was accompanied by the front glass of the above cargo vehicle.

Ultimately, the Defendant, as seen above, driven the above cargo vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as cutting the body to the right-hand spel, which requires treatment for about seven weeks.

2. Violation of the Road Traffic Act (drinking) was driven by the Defendant from a restaurant parking lot located in the fung-si, Yung-si, Yung-si, Yung-si, Yung-si, to the local highway located in the same area from approximately 2 km to approximately 456 meters long, while under the influence of alcohol by 0.187% at the 0.187% under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. On-site photographs;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, and report on whether to drive any danger;

1. Application of Acts and subordinate statutes (C);

1. Criminal facts;

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