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(영문) 창원지방법원 마산지원 2017.08.29 2017고단755

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not more than ten 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. On April 22, 2017, the Defendant: (a) driven a DNA-free cargo vehicle while under the influence of alcohol with approximately 0.193% alcohol concentration from the 1km section from the 1km section to the front road located in the same Gun, the Haan-gun, the Haan-gun, the Haan-gun, the Haan-gun, the Haan-gun, the Haan-gun, the Republic of Korea, around 09:15.

2. On April 22, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driving of the freight vehicles listed in paragraph (1) around 09:15, and proceeded to turn to the left from the border office to the Gyeongnam robot High School, which is located in B in the Gyeongnam-gun, Gyeongnam-gun.

Since there is no signal signal, there was a duty of care to prevent accidents by confirming that there is no vehicle driving on the opposite lane to those engaged in driving of the motor vehicle and making a left-hand turn after confirming that there is no vehicle driving on the opposite lane.

Nevertheless, as described in paragraph 1, the Defendant neglected to drive normally due to the influence of alcohol and failed to verify whether there is a vehicle driving under the opposite part in the above three distance, and without confirming whether there is a vehicle driving under the opposite part, as it is, the Defendant received the left side of the FOtob, which was driven by the victim E (79 tax) of the victim E (79) who was driving on the opposite part, as the left side of the vehicle in front of the Defendant driving.

Ultimately, the Defendant suffered injury to the victim, such as cutting the bones of knee knee, which requires approximately 16 weeks of treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G and H;

1. A written diagnosis of injury;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to reports on detection of drivers working at the main place, reports on the circumstances of drivers working at the main place, and investigation reports (report on the circumstances of drivers working at the main

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 148-2 of the Road Traffic Act.