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(영문) 춘천지방법원 2018.09.12 2018고단729
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was punished by a fine of 4 million won for a violation of the Road Traffic Act at the Chuncheon District Court on August 29, 2006 and by a fine of 3 million won for the same crime at the same court on January 10, 2008.

[Criminal facts] The Defendant is a person who is engaged in driving a Dsch Rexton car.

On June 28, 2018, the Defendant, while under the influence of alcohol level of 0.469% among the blood transfusion around 11:30, 2018, continued to run from the private distance room near the bus stops in front of the bus stops located in Chuncheon City, Seocheon-si, 2352-32, to the vacant distance.

At the same time, there was a duty of care to prevent accidents by reducing speed and ensuring a safe distance from the bus as a person engaged in driving service. In such a case, there was a duty of care to prevent the occurrence of accidents by reducing speed.

Nevertheless, the Defendant, while under the influence of alcohol and making it difficult for him to drive a car normally, was driving the car and received the left-hand part of the bus as the front-hand part of the bus.

Ultimately, even though the Defendant violated the prohibition of drinking driving twice as above, the Defendant driven the said car while under the influence of drinking, and was unable to drive it normally due to the influence of drinking, and was driving the said car, thereby resulting in the Defendant’s frightion that requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual condition, on-site map of a traffic accident, traffic accident photographs, risk driving report, medical certificate, and response to a request for appraisal;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning investigation reports (Attachment to a copy of such summary order);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily harm to the driving of danger and the choice of imprisonment) as to the crime and Article 148-2 of the Road Traffic Act.

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