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(영문) 창원지방법원 2017.09.13 2017고단1319
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 a period of 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 car in B, the test.

1. On February 22, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the above vehicle at around 21:10, and was under the influence of alcohol level of 0.155% during blood while driving at Kim Jong-si, and led the Defendant to the direction from the side of the air room elementary school to the direction of active tent and the direction of the opening.

At the time, there is a central line, which is a yellow solid line, so there was a duty of care to prevent accidents by accurately manipulating the steering gear and brake system to prevent the accident.

Nevertheless, the Defendant neglected this and received the part of the top-hand part of the vehicle driven by the Defendant, which was driven by the victim C(Y, 55 years old) who is waiting for a signal at a level facing the negligent negligence of the center line, which is a yellow solid line, the Defendant’s failure to do so.

Ultimately, the Defendant suffered, by negligence in the above occupational negligence, the injury to the pertinent victim C in need of approximately two weeks of medical treatment, and the injury to the victim E (V, 53 years of age) who boarded on the top of the steering force of the damaged vehicle, such as catum salt in need of medical treatment for about three weeks.

2. The Defendant, who violated the Road Traffic Act (drinking driving) and the Road Traffic Act (free license driving), was under the influence of alcohol level of 0.15% during blood, and without the driver’s license, driven the car in the above 2 km section from the above 3 km section to the road in front of the same tri-dong and the same tri-dong road.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to the actual survey report;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent Article of the Act.

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