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(영문) 창원지방법원 통영지원 2018.05.24 2017고단1684
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

around 22:50 on October 3, 2017, the Defendant driven the said vehicle under the influence of alcohol content of approximately 0.125% from the 1km section to the pentent road located in the front of the structure Dial Center located in the Round Do-ri, a Do-do-ro Do-ro, a Do-do-ro, a Do-do-ro, a person engaging in driving of B-learning automobiles, and led the Defendant to drive the said vehicle from the direction of the structural Do-ro, while driving the said vehicle under the influence of alcohol content of about 1km to the Do-si Do-

At the time, it was night and rained, and the place where the defendant was in progress is the place where the center line of yellow solid lines is installed, and in such case, there was a duty of care to thoroughly operate the driver on the front line and safely in compliance with the tea.

Nevertheless, the Defendant neglected this and took part adjacent to the driver’s seat of the vehicle driving by the Defendant, which was driven by the victim C ( South, age 41) of the D-A-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed-Wed Driving, in a state where normal driving is impossible under the influence of alcohol.

Ultimately, the Defendant caused the injury of the victim C and the victim E ( South, 30 years of age) who is the passenger by occupational negligence as above, to the victim C and the passenger E (hereinafter referred to as the “victim”) for about two weeks of medical treatment, and driven a vehicle in the state of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the occurrence of a traffic accident C;

1. A survey report on actual conditions;

1. Photographs related to accidents;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act 1.

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