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(영문) 창원지방법원 2016.10.11 2016고단2387
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 two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On November 26, 2007, the Defendant received a summary order of KRW 1.5 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million to a fine for a violation of the Road Traffic Act at the Changwon District Court on April 18, 201.

1. The defendant is a person engaged in the business of driving B Poter vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On July 7, 2016, at around 19:08, the Defendant, while under the influence of alcohol, 0.125% of blood alcohol concentration, had the horses divided by drinking, and the body of which is difficult to drive, was driven by the said vehicle while driving the said vehicle to the extent that the body is unacepted, and led the 1367 ambli-distance, as the ambrogate of Kimhae-si, to proceed directly with the ambli-distance from the amblith of Kimhae student sports center.

There are three-distance crossings in which traffic signals, etc. are frequently installed, so a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by checking the front door and the left and right, and observing the signal.

Nevertheless, the defendant neglected this and received the front part of the DNA vehicle driven by the victim C (the 46-year old) who was straight from the right side of the defendant's course to the left side by the direct negligence in violation of the signal, and was driven by the victim C (the 46-year old).

As a result, the Defendant suffered injury to the victim, such as fluoral salt, which requires approximately two weeks of medical treatment, due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving the Poter vehicle under the influence of alcohol with a blood alcohol concentration of about 0.125% at a section of approximately 1 kilometer from the road located in the above temporary Kimhae-si, Kimhae-si, to the road located in front of the East-gu, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

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

1. The actual condition survey report;

1. A written report from an employee of an employer;

1. A report on the oral statement of the driver;

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