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(영문) 창원지방법원 2018.10.24 2018고단2099

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Criminal facts

1. On July 18, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the road front of the lower intersection of the 2264 B, while under the influence of alcohol concentration of 0.249% in blood, around the 21:48 Kimhae-si, Kim Jong-si, and led the Defendant to drive the motor vehicle at the direction of interesting in the direction of the police station in the middle of the Kim Sea.

At that time, the signal of a private street crossing has been installed, so in such a case, the driver of the motor vehicle has a duty of care to properly handle the brakes and prevent accidents by properly manipulating the brakes.

그런 데도 피고인은 이를 게을리 한 채 술에 취하여 제동장치를 제대로 조작하지 못한 과실로 피고 인의 차량 앞 범퍼 부분으로 정지 신호에 따라 정차 중이 던 피해자 C( 여, 53세) 운전의 D 투 싼 승용차의 뒤 범퍼 부분을 추돌하고, 그 충격으로 위 투 싼 승용차가 앞으로 튕겨 나가 피해자 E(50 세) 운전의 F K5 승용차를 추돌하게 하였다.

Ultimately, the Defendant, under the influence of drinking, driven the said car in a state where it is difficult to drive the car due to the influence of alcohol, such as making a little red light and dividing the words into a normal road, and suffered from the injury of climatic salt, etc. which requires approximately two weeks of medical treatment to the victim C, and suffered from the injury of the victim E, such as throst, which requires approximately three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle with 2 km from the parking lot front of the Jin-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-S

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. A statement on the result of blood collection appraisal;

1. A survey report on actual conditions;

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

1. As to the aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Act.