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(영문) 창원지방법원 2016.05.19 2016고단632
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving of B-learning vehicles.

On December 15, 2015, the Defendant driven the above vehicle at around 21:00, and driven the alcohol concentration of 0.157% in blood, and led to three-lanes of the playground shooting distance in Changwon-si, Changwon-si, as it was driven by 0.157% in the blood, the Defendant driven around about 60km in the speed of the sculp of the sculic square at the sculpt of the viewing plaza, depending on three-lanes of the sports field distance in which Changwon-si, Changwon-si

The Defendant was able to drive a vehicle under the influence of alcohol, such as smelling in the entrance, in an inaccurate manner, without a normal walk, and thus, he was unable to drive the vehicle. Since the vehicle was an intersection with a signal apparatus installed, the vehicle driver has a duty of care to observe the signal and safely drive the vehicle in order to prevent the accident from spreading.

Nevertheless, due to the negligence of being driven in a state where normal driving is difficult due to the influence of alcohol, the Defendant: (a) taken the victim C (44 tax) driven by the victim C (44 ) who was driven in accordance with the new subparagraph on the right side from the left side of the Defendant’s proceeding to the front side of the Defendant’s vehicle; (b) took the front side of the Defendant’s vehicle; and (c) took the victim E (65) who was driven in the same direction while the said fK-5 vehicle was pushed in the same direction due to its shock; and (d) took the front side of the Defendant’s vehicle.

Ultimately, the Defendant caused the above traffic accident while under the influence of alcohol, and caused the injury to the victim C, including four or more cages that require approximately six weeks of medical treatment, and suffered from the injury to the victim E, such as cages and cages, which require approximately two weeks of medical treatment, and the injury to the victim G (30 years of age) who is the passenger, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to H, E, I, C, and G;

1. A survey report on actual conditions;

1. A report on the detection of a primary driver;

1. Each letter of diagnosis;

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