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(영문) 창원지방법원 통영지원 2018.01.24 2017고단1631
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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 Brane vehicles.

On September 22, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.126% during blood transfusions on September 22, 2017, and continued the front of the apartment complex under the Sejong-dong Mo-dong, at the time of the macro-city, from the bank of the cross-city bus terminal to the beginning of the year.

Since there are vehicles that are frequently and are waiting for traffic signal, there was a duty of care to see the front door and accurately operate the steering and steering system and drive it safely.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in neglecting the duty of an ex officio care, and the part of the back part of the Defendant’s vehicle of the victim C(58 tax) driver’s friend, who was in the atmosphere of the signal at the front bank of the Defendant, was concealed into the front part of the Defendant’s vehicle.

Accordingly, the Defendant caused the victim C’s injury of light salt, etc., which requires approximately two weeks’ medical treatment by occupational negligence, and caused the victim E (the son, the son, the son of the above Aburged vehicle (the 37 years of age) to suffer from each of the following injuries: (a) fluent salt and tensions requiring approximately two weeks’ medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a written diagnosis of a victim);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (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 on the suspended execution;

1. Sentencing Article 62-2 of the Criminal Act.

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