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(영문) 춘천지방법원 2021.02.03 2020고단1309
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

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

On August 30, 2020, the Defendant was under the influence of alcohol level of 0.140% among the blood alcohol level of around 01:00 on August 30, 202, and the Defendant was under the influence of alcohol level of 0.140% on the roads of Guri-si, the Defendant was under the direct influence of the direction of south-si in the south-si.

In such cases, a person engaged in driving service has a duty of care to operate safely by accurately operating steering devices and brakes.

Nevertheless, the Defendant’s negligence of driving under the influence of alcohol in a state of which normal driving is difficult, led the victim C(52) driver under the influence of driving in the front bank of the Defendant, and caused the back of the victim C(52) driver’s vehicle in the front direction of the Defendant’s driving vehicle.

As above, the Defendant suffered, by negligence in the course of business, the victim C, who was driven in a situation where normal driving is difficult due to the influence of alcohol, salt tensions, tensions, etc. requiring a two-day medical treatment, and the victim E (S) who was seated with approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a B Podon car at a section of about 40 km from the Hayang-si to the head of Guri-si, Goyang-si while under the influence of alcohol level of 0.140% in the light of the day indicated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. To inquire about the results of a traffic accident report, a report on the circumstances of the driver under the influence of alcohol, a report on the situation of the driver under the influence of alcohol and the control of drinking;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs and field photographs;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving) concerning the crime under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (3) 2 and 44 (1) of the Road Traffic Act;

1. The Commercial Concurrent Crimes Act.

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