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(영문) 창원지방법원 통영지원 2018.04.13 2017고단1818

특정범죄가중처벌등에관한법률위반(위험운전치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2] On February 22, 2010, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the Changwon District Court’s Tongwon Branch on February 22, 2010, and the same year.

4. 20. A person who has been issued a summary order of KRW 3 million in the same court due to the same offense, etc.

[Criminal facts] The Defendant is a person engaging in driving vehicles B, low-priced vehicle.

On October 7, 2017, the Defendant driven the said vehicle under the influence of alcohol level of 0.181% from blood alcohol level around 21:00, and led the Defendant to drive the said vehicle, leading to the following roads of the main apartment of the Shim-55 Silyoung-si 1, 41-55, in the direction of the “the second apartment of the water tank in the river basin” on the side of the “the second apartment of the water tank in the river basin.”

Since there are frequent traffic of vehicles and pedestrians, a person engaged in driving motor vehicles has a duty of care to drive motor vehicles safely by putting the front door and accurately operating the steering and steering devices.

Nevertheless, while under the influence of alcohol, the Defendant, by negligence, neglected to perform the duty of her own on the front line of the vehicle of the Defendant, she shocked on the right side part of the victim C(40) who walked towards the second apartment of the water station in the Tong-gu Coastal Police Station.

As a result, the Defendant caused the victim to suffer injuries, such as dives, dives, salt, etc., which require approximately three weeks of medical treatment by occupational negligence as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A medical certificate;

1. A report on the occurrence of a traffic accident, a report on the situation of the driver who takes the driving at home, an investigation report (report on the situation of the driver who takes the driving at home), a report on the results of crackdown on drinking driving

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history of the same kind as the suspect) statute;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the point of causing bodily injury to a person who is in charge of the crime: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the point of driving selectively