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(영문) 춘천지방법원 강릉지원 2019.01.25 2018고단1210
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 of the final judgment.

Reasons

Punishment of the crime

1. On October 25, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) reached 0.107% of blood alcohol content on October 25, 2018, and was driving 0.107 with a view to having difficulty in driving normally, such as the display distance, and was driving 2nd from D elementary school to E secondary school in front of Gangseo-si, while neglecting the front direction, due to the negligence of entering the intersection for the red signal by neglecting the front direction, the Defendant 2nd day of the G (76 years old) driving of the victim G (the 76-year-old driver) who was directly under the green signal from F to F to the left side of the passenger car in front of the above S3 vehicle. Then, the Defendant 5nd day of the victim I (the age 56) who was under the left left side of the Defendant’s running direction and suffered from the victim 2nd day in front of the said 3rd week treatment for the victim.

2. The Defendant violated the Road Traffic Act ( sound driving) driving a BM3 vehicle under the influence of alcohol with a blood alcohol concentration of about 0.107% at the section of about 700 meters from the date before the “L” coffee set up in the above paragraph (1) to the front intersection of the “M” restaurant located in the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on a traffic accident, and on-site photographs;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and report on whether to drive any dangerous vehicle;

1. Each police statement of I and G;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Code of Trade Competition.

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