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(영문) 창원지방법원 통영지원 2017.11.03 2017고단840

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 15, 2017, the Defendant was driving a DNA observer car under the influence of alcohol content of approximately 0.015% at the section of about 2km from the 30-lane apartment parking lot at the time of the macropon city to the front road of the “C” store located in the macropon city B, from around 00:35, the Defendant was under the influence of alcohol content at around 0.015%.

2. The Defendant is a person engaging in driving a motor vehicle with options as above, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On May 15, 2017, while under the influence of alcohol with 00:45% of alcohol content 0.015% in alcohol, the Defendant is driving at a two-lane road in front of the “C” store in macro-si B at a speed that would not be known through the upper intersection from a view room to the upper intersection, and the Defendant was required to take a drinking test from the police officers under the influence of alcohol at that place.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by failing to operate a motor vehicle any longer under the influence of alcohol, such as responding to the measurement of drinking by a police officer getting off his/her motor vehicle.

Nevertheless, the Defendant neglected this and failed to discover the victim E (21) who was walking at a place where the police officer's drinking was harmed by a runway that was on the right-hand side of the police officer's drinking and was walking away, and received the victim's left side part of the driver's seat of the Defendant's car.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of drinking, and caused the victim to suffer injury such as the left-hand salt in the supervision that requires approximately two weeks medical treatment.

3. On May 15, 2017, the Defendant violated the Traffic Act (refluence of alcohol measurement) on the road, as described in paragraph (1), was attached to the police station guard who was under the influence of alcohol by a police officer, and the Defendant’s person who was under the control of alcohol by a police officer, and the Defendant’s person who was under the control of traffic by a police officer, as described in paragraph (1).