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(영문) 춘천지방법원 영월지원 2018.03.20 2018고단16
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 28, 2006, the Defendant received a summary order of KRW 700,000,000 as a fine for a crime of violation of road traffic law in the Busan District Court's Branch Branch of Incheon District Court's Branch of Branch Office, and on July 13, 2012, a summary order of KRW 3 million as a fine for the same crime was issued, respectively.

[Criminal facts] The Defendant is a person who is engaged in driving a motor vehicle of Chives of Chives.

On December 31, 2017, the Defendant driven the said car with alcohol concentration of 0.131% in a light of alcohol level around 20:40, while it is difficult to drive the car normally and making it difficult for the Defendant to drive the car normally, and, on the road along the three-lane roads near the E resting area of 500 meters in Gangwon-gu, Gangwon-gun, the Defendant driven at a non-speed speed depending on the new e-section from the bankside to the e-lane.

At that time, the Defendant was driving in the same direction as the victim F (n, 29 years old) driving G-Wing in the same direction, and thus, the Defendant had a duty of care to live well, maintain the safety distance, and operate the steering and brakes safely.

Nevertheless, under the influence of alcohol, the Defendant neglected to take into account the situation of the vehicle in the next lane while neglecting it, and failed to safely operate the steering direction and brake system, and received the part on the front side of the driver's seat of the vehicle in the above AW test with the top side of the vehicle in the above AW test.

Ultimately, the Defendant suffered from the injury of the victim H(27) who was on board the said victim and the said high-class passenger car due to the foregoing occupational negligence, for approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Four copies of the investigation report (receiving on-site photographs), four photographs;

1. Investigation report (victim F.

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