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(영문) 창원지방법원 통영지원 2019.09.24 2019고단762
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving service of the ice A car.

Around 15:50 on June 1, 2019, the Defendant driven the vehicle under the influence of alcohol with a blood alcohol concentration of 0.130% at a section of approximately 500 meters from D in front to E’s upper point of “F” on the road located in Tong-si C.

The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) has driven the said vehicle in a state where it is difficult to drive the vehicle normally, such as the time and place mentioned in paragraph (1) and the foregoing, in a state where it is difficult for the Defendant to drive the vehicle in a clear distance and walk, and the face is very red, and the Defendant has driven the road ahead of the above upper point toward the cell height.

Since there is a place where the center line of yellow-ray is installed, there was a duty of care to prevent accidents by thoroughly driving the driver in front and safely driving the car.

Nevertheless, under the influence of alcohol, the Defendant received the front portion of the victim G (37 years old) driving car due to negligence in the course of duties, which was driven by the central line, as the front part of the said stowing car.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to the influence of alcohol, and suffered from the injury of the victim G and the victim I (the 31 years old), who is the partner of the said car, due to the influence of alcohol, for approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to an accident site photograph and an investigation report (as to the closure of the accident screen images);

1. Driving under Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) regarding criminal facts.

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