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(영문) 춘천지방법원 원주지원 2018.08.14 2017고단1235
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. On October 8, 2017, the Defendant was under the influence of alcohol content of 0.202% from blood transfusion around 01:50 on October 8, 2017, the Defendant driven a D low-speed car at approximately 500 meters from the front day of the original city to the front day of the C apartment in the prime city.

2. A Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the above vehicle on October 8, 2017 and driven the two-lane road in front of the F point in the original city E in the original city E, using one-lane distance from the long-distance shooting range in the original city E.

At night, the victim G(61) driver's HK5 driver's vehicle was at night at the front time, and in such a case, the Defendant, who was engaged in driving service, had a duty of care to operate the steering and brakes accurately and safely. However, the Defendant was due to influence of alcohol, and due to occupational negligence, he was driving the said vehicle while normal driving is difficult, and the Defendant took part behind the victim's driver's vehicle in front of the vehicle, and suffered from the Defendant's injury of the chill and the tension in need of medical treatment for about two weeks to the victim I (the 22 years old and the 22 years old).

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. G statements;

1. Report on the occurrence of a traffic accident, report on the actual condition of driving, report on the situation of driving at home, report on whether to drive any danger, report on the circumstances of the driver at home, and report on the results of regulating drinking driving;

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

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense; Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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