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(영문) 창원지방법원 통영지원 2016.09.23 2016고단1100
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

[criminal history] On June 29, 2007, the Defendant issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court, and KRW 2.5 million for the same crime at the same court on August 9, 2010.

[Criminal facts] The Defendant is a person who is engaged in driving 400cc cb400 U.S. and is engaged in driving cb400 U.S.

1. On July 17, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Road Traffic Act (drinking) and the Defendant was under the influence of alcohol on July 17, 2016 at a level of 0.314% of alcohol level among blood transfusions and thus making it difficult to drive the vehicle normally while driving the vehicle under the influence of alcohol leveling 0.314% on July 17, 2016, and driving the vehicle on the two-lanes of the two-lane road near the CPG charging station located in CPG charging station at the city at the city of macrodo, due to the occupational negligence of the victim D (39 years old) who was proceeding along the direction of the Defendant’s proceeding while neglecting the former part of the vehicle at the front part of the Defendant’s direction.

Therefore, the Defendant suffered injury to the victim D, such as salt, tensions, etc. of the chills that need to be treated for about three weeks due to shock, and injury to the victim F, a passenger of the Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do Do

2. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Insurance shall be operated on a road;

Nevertheless, the defendant operated the above Oral Ba which was not covered by mandatory insurance at the time and place mentioned in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Notification of the results of the crackdown on the driving of drinking, vehicle making, each medical certificate, and a survey report on actual condition;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment to a summary order of the same kind of power);

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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