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(영문) 춘천지방법원 원주지원 2019.07.11 2019고단410
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 20, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven a B-II cargo vehicle with a blood alcohol concentration of 0.103% under the influence of alcohol content on April 20, 2019, and continued two-lanes in front of the original state of the original state of 38-16 located in the 38-16 U.S. in the city of original state in accordance with the two-lanes of the original state of the C-

At that time, since the signal lights are installed, the defendant engaged in driving service had a duty of care to safely pass through the intersection in accordance with the signals by making it possible for the defendant to have a vehicle entering the intersection before passing through the intersection.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in entering an intersection of the red signals in which normal operation is difficult, and the part of the Defendant’s front part of the victim E(the age of 66) for the F-business purpose of driving, which was proceeding in accordance with the new subparagraph, was shocked with the front part of the cargo loaded behind the upper right side of the Defendant’s driving.

After all, the Defendant suffered injury to the victim, such as brain salvin, which requires medical treatment for about two weeks due to such occupational negligence.

2. Around 05:35 on April 20, 2019, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.103%, driven B-II cargo from the front road of the nuclear driving station located in the nuclear driving station located in the nuclear driving station at the nuclear driving station at the nuclear driving station at the nuclear driving station at the nuclear driving station located in the nuclear driving station at the nuclear driving station at the speed of about 3 km from the upper road of the nuclear driving station located in the nuclear driving station at the nuclear driving station at the nuclear driving station at the nuclear driving station at

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Report on the occurrence of a traffic accident;

1. Notification of the control of drinking driving;

1. A medical certificate;

1. Photographs of the accident site;

1. Application of Acts and subordinate statutes for a report on investigation (Attachment of images of damaged vehicles)

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Crime and the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018).

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