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(영문) 춘천지방법원 2020.01.09 2019고단1026
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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. On October 21, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was under the influence of alcohol level of 0.118% on the front side of C in Gangwon-do, Gangwon-do, Seoul, and thus, the Defendant was under the influence of alcohol level of 0.18%. The Defendant was under the influence of alcohol level on the front side of C, and the Defendant was under the influence of alcohol level of 0.118%.

At that time, a yellow solid line is one lane in which it was kept, and at that time, the lower surface was in a state of dissatising, and in such a case, a driver has a duty of care to comply with and proceed with the car line by properly examining the entire course and the left.

Nevertheless, the Defendant neglected to do so and thereby driven the other center line under the influence of alcohol by the negligence of driving the other center line under the influence of alcohol, which was driven by the victim F (23 years old) who was under normal direct driving in the opposite part of the G QM3 vehicle, received the front part of the left-hand part of the G QM3 vehicle.

Ultimately, the Defendant suffered injury to the victim F, who driven the said QM3 vehicle while driving the said 2 truck in a situation where normal driving is difficult due to influence of drinking, such as salt pane, tension, etc., requiring approximately three weeks of medical treatment.

2. The Defendant was under the influence of alcohol by 0.118% at the same time as the above paragraph (1) of the Road Traffic Act, and operated the above 16 km 2 truck at a section of about 16 km from the Gangwon-do Hegin Military Hegion to the front road in the same group B.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement;

1. The application of Acts and subordinate statutes, such as arrest report on the occurrence of the case, each traffic accident report, field photograph, inspection results of the crackdown on drinking driving, circumstantial statement of a drinking driver, investigation report, and diagnosis report;

1. Criminal facts;

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