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(영문) 춘천지방법원 강릉지원 2019.09.03 2019고단815
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 two years from the date this judgment becomes final and conclusive.

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 K7 automobiles

On June 22, 2019, the Defendant driven the said car with a blood alcohol level of 0.189% at around 19:40, while under the influence of alcohol, and driven the front road of Gangseo-si C from the artificial width range to the sloping.

A person engaged in driving service shall not drive in a state where normal driving is difficult due to the influence of alcohol, and at night, the defendant is at night, prior to the driving direction, according to the EK3 behind the victim D(24 years old) driving. Therefore, there was a duty of care to live well and safely proceed in a state where safety distance is secured.

Nevertheless, under the influence of alcohol, the Defendant was driven in the vicinity of the victim D’s car while neglecting this, and was driven in the vicinity of the victim D’s car, and the victim D’s vehicle driven by traffic congestion at the front of the driving direction was followed by the victim D’s vehicle behind the passenger vehicle.

Ultimately, the Defendant, as seen above, driven a K7-car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim FF (the 23-year old age), who was on board the victim D and K3-car, for about two weeks of medical treatment.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant at least 2 km section from the Hgate parking lot located in the city of Gangseo-si G at the same time via the artificial explosion range located in the same city of the same city, and the Defendant driven B K7 vehicle under the influence of alcohol with a blood alcohol concentration of 0.189% from the 2km section from the front road of the same city to the same city of the same city of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Each written diagnosis;

1. Photographs of the accident site;

1. Notification of the result of crackdown on drinking driving;

1. Statement on the circumstantial statement of the employee;

1. A report on whether to drive any dangerous motor vehicle;

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