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(영문) 창원지방법원 통영지원 2016.07.29 2016고단731
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year 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 a rocketing car.

On May 18, 2016, the Defendant driven the said car under the influence of alcohol level of 0.145% among blood transfusions on May 23:30, 2016, and led to the driving of the said car in front of the rooftop car service center at the time of a macro-si, the road in front of the rooftop car center at the time of a macro-si, along the beginning of the two-lanes from the Aju-dong bank at the beginning of the beginning of the year.

At the time of night, a person engaged in driving of a motor vehicle had a duty of care to prevent accidents by accurately manipulating the steering direction and brake system and accurately.

Nevertheless, the Defendant received the back part of the victim C(35) driving in the front of the Defendant’s passenger car operation in the front of the front of the Defendant’s passenger car operation.

Ultimately, the Defendant suffered injury to the said victim C and the said victim D (C) who is his/her passenger, by negligence, while driving in a state where normal operation is difficult due to influence of drinking, for about three weeks, such as salt drums, tensions, etc.

2. On May 18, 2016, the Defendant: (a) driven a B B saba car while under the influence of alcohol content 0.145% in alcohol while under the influence of alcohol, from the front of the Abadong-dong Godong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-ro

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Notification of a survey report on actual conditions and the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to photographs and medical certificates;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, the choice of punishment, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

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

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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