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(영문) 춘천지방법원 강릉지원 2018.10.19 2018고단660
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor 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

1. On June 26, 2018, the Defendant was driving a motor vehicle with Down alcohol level of approximately 0.158% in the section of about 5km from the road in front of the Defendant’s residence in C at C, to the road in front of the same time as the city-Eup, Seoul Special Metropolitan City, Nowon-ro, 2815, or to the road in the vicinity 416.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) (the Defendant driving of the said motor vehicle under the influence of 0.158% alcohol during the day-to-day alcohol level as stated in paragraph (1) led to the driving of the said motor vehicle with a 416 local road one-lane 4,000 square meters in the Nowon-gu Nowon-gu Seoul Special Metropolitan City’s trade account at the time of three-way.

The Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, such as making the breath in an inaccurate, unspared and unflading on the face, and making it difficult for the Defendant to drive the said car under the influence of drinking, and suffered respectively the injury of the victim E (24 years old, n.e., the front part of the Defendant’s driving vehicle) driving vehicle, which was driven by the central line, such as the cuber of the victim E (24 years old, n.e., the front part of the Defendant’s driving vehicle) with the Defendant’s driving vehicle, and suffered the injury of the victim E, such as the cuber’s salt, tension, etc. requiring approximately two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a map on the scene of each accident, and a photograph on the scene of accident;

1. [Report on internal history (Attachment of Blue Image Data) - Data to cut a black stuff scam images]

1. Notification of the results of regulating the driving of drinking alcohol, statement of the situation of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol), and report on whether he/she is dangerous;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Articles 148-2(2)2 and 44(1) of the Road Traffic Act concerning criminal facts (the point of drinking) and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of driving under influence of alcohol) concerning the relevant criminal facts

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