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(영문) 춘천지방법원 2020.09.23 2020고단629
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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 Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the person engaged in driving freight B.

On June 2, 2020, at around 22:20, the Defendant driven the above cargo vehicle parked on the road adjacent to the “D” in Chuncheon City, C while under the influence of alcohol 0.21% of alcohol level, and led to the Ethical back.

At the time, since it is night and place where there are many vehicles parked and stopped, there were duty of care to safely drive the vehicle, such as accurately operating the steering gear and steering system while driving the vehicle.

Nevertheless, the Defendant, while neglecting this, was under the influence of alcohol and stopped at the later bank, was able to load the backer of the passenger car G B Blu vehicle in the Defendant’s drive.

Ultimately, the Defendant sustained injury, such as “influoral salt and tension,” which requires approximately three weeks of medical treatment, by driving the said cargo in a situation where it is difficult to drive normally due to incomplete speech and walking, heavy smelling, etc.

2. The Defendant, while under the influence of alcohol 0.211% at the above time, driven a B Poter II cargo vehicle by driving approximately 10 meters away from the “D” side of the “D” road located in Chuncheon City, as the Defendant was under the influence of alcohol at the above time.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (report on the circumstances of an immigration driver);

1. Examination of the results of the traffic accident report (1) the actual condition survey report, the traffic accident report (2) the actual condition survey report, the circumstantial statements of the drinking driver, the report on whether any dangerous driving is done, and the control of drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing drinking field photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime (the injury caused by dangerous driving) and Article

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