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(영문) 창원지방법원 2019.08.13 2019고단1165

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

The defendant is a person who is engaged in driving a low-speed car B.

On March 26, 2019, at around 17:15, the Defendant driven the said car while under the influence of alcohol 0.19%, and led the first two-lane of the window of Changwon city to proceed to the direction of the Korea Electric Power Corporation's headquarters in the direction D.

Since the location is an intersection where no signal is installed, there was a duty of care to prevent accidents by safely operating the steering staff by properly operating the steering and steering system in a way that well sees the steering and the right and the right and the right and the right and the right and the right of the driver of the motor vehicle.

Nevertheless, due to the negligence that the Defendant neglected to drive a motor vehicle and proceeds as it is, the Defendant received a FK5-si back portion of the victim E (the age of 57) driving, which was parked in order to wait for another vehicle in front of the said low-speed vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered from the victim G (V, 42 years old) who was on the back seat of the said taxi for about two weeks in need of medical treatment for the victim E., respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the victim;

1. A traffic accident report;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Each written diagnosis;

1. Application of each statute on photographs;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding Act on the Criminal Crimes, and Articles 148-2 (2) 2 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;