beta
(영문) 창원지방법원 마산지원 2018.09.14 2018고단773

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person engaging in driving of the last car in C.

On June 20, 2018, the Defendant, while under the influence of alcohol level of 0.207% during blood transfusion around 23:55, operated the first car in the above body, and continued two-lane roads in front of the E, which are located in Changwon-si, Muwon-si, Changwon-si, according to two-lanes in the Green Care Hospital located in Musan IIC.

At night, the victim F(58) taxi was stopped in order to conduct a drinking inspection, and thus, the driver of the vehicle was obliged to take a duty of care to prevent the accident in advance by accurately operating the steering gear and operating the steering gear and the steering gear.

Nevertheless, the Defendant neglected this and failed to memory the circumstances of driving and accident, and went through without operating the brakes to the extent that normal walking or speech is impossible, and caused the Defendant’s negligence to go through without operating the brakes, thereby causing the victim H (19 years old) who is an auxiliary police officer on the road for the purpose of drinking alcohol inspection in the front part of the above taxi.

As a result, the Defendant driven the first car in a state where it is difficult to drive a car normally due to influence of drinking, and suffered injury to the victim F, such as salt and tension, which requires approximately two weeks of medical treatment, and the victim H needed to receive approximately three weeks of medical treatment, such as leg and other bodily impairment, boom, and straw, etc., respectively.

2. Violation of the Road Traffic Act (drinking driving) by the Defendant is from the public parking lot located in the Chang-si, Changwon-si, Changwon-si to the place indicated in paragraph (1). The blood alcohol concentration is zero.