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(영문) 창원지방법원 2018.08.29 2018고단1264

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for six months.

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

1. The Defendant is a person who is engaged in driving of C Poter trucks in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On March 16, 2018, while under the influence of alcohol 0.173% in blood, the Defendant driven the above cargo while driving the said cargo at around 19:50%, and proceeded with the line 25 of the National Highway No. 43 of Changwon-si, Changwon-si, Seoul National Highway No. 43, Seowon-si, Seoul National Highway No. 43, Kim Jin-young from the scopic tunnel.

At this point, a person engaged in driving of a motor vehicle by a bend and a bend through a one-way road shall not be towed, and even if it is inevitable, there was a duty of care to safely drive the back and prevent the accident in advance by safely driving the motor vehicle.

Nevertheless, the defendant, while neglecting this, has been driving by the victim D(34) who was under the influence of alcohol while temporarily stopping in the front bank of the defendant due to the negligence that the defendant was under the influence of alcohol without properly examining the rear bank of the defendant.

E The front part of the passenger car was received as the rear part of the cargo vehicle.

As a result, Defendant 1 suffered injury to the victim due to the above occupational negligence, such as the crime of dyeing salt, which requires approximately two weeks of treatment.

As a result, the Defendant was driving a cargo in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. Defendant 1 was under the influence of alcohol level 0.173% in blood, Defendant 2 driven the above cargo at a distance of about 10km from the front road of Changwon-si, Changwon-si, at the time specified in paragraph 1, to the place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of the driver at home;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes.