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(영문) 창원지방법원 2019.07.17 2019고단477

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 31, 2019, at around 05:33, the Defendant, while under the influence of alcohol level 0.172%, driven the D QM3 car without a driver’s license, driven the vehicle in front of the CY3 car in Kimhae-si, Kim Jong-si.

At the time, since the defendant tried to change the lane from the first lane to the second lane, there was a duty of care to change the lane by operating direction direction, etc. in such cases, giving prior notice of change of course, and taking into account the traffic situation of the front and rear left, and thereby making a change of the lane.

Nevertheless, the Defendant neglected to do so and negligently changed the course of the E(63 years old) driving in the two-lane course due to the negligence of changing the course of the E(63 years old) driving, and received the cM3 vehicle from the port side of the E(63 years old) driving to the pandeer in front of the right side of the said QM3 vehicle, and caused the said QM3 vehicle to go beyond the median line, thereby having the said QM3 vehicle go beyond the median line, and received the front pande of the said QM3 vehicle from the victim G (6 years old) driving in the same way as that of the said QM3 vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury, such as an injury to the victim G, such as a flag of a fladsium, which requires a five-day medical treatment, and the victim I (63 years of age) who is a passenger of the said A-to-purn vehicle, suffered from the injury of the victim, such as a flag of a fladsium, which requires a

Summary of Evidence

1. Statement by the defendant in court;

1. Report on actual condition, report on the control of drinking and driving, and the register of driver's licenses;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the Road Traffic Act concerning the crime;

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

1. Imprisonment with prison labor for each option of punishment;