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(영문) 창원지방법원 통영지원 2017.02.09 2016고단1891
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

Punishment of the crime

1. On October 16, 2016, the Defendant was under the influence of alcohol 0.154% in blood alcohol level on the road located at approximately 500 meters from the front of the 83-lane in the center of the Jin-gun, Jin-gun, Chungcheongnam-do around 22:00 to the front of the 43-lane in the direction of the Jin-gun, Jinnam-gun, the Defendant driven a e body-wide car at around 500 meters, while under the influence of alcohol level.

2. The Defendant is a person who is engaged in driving the last car in the E body, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

Defendant 1. At the speed of 30 km each hour of the two lanes of the two lanes, the roads in front of the D real estate located in Gosung-gun, Gosung-gun, Gosung-gun, Gosung-si, Kim Jong-gun, with the surface of the high city bus terminal in the area of the Doo-si livestock industry at the speed of 30 km each.

At that time, the location was at night and the private-distance intersection, where signal lights are installed, and thus, the driver had a duty of care to prevent accidents by accurately manipulating the steering direction and brakes by checking the traffic situation well.

Nevertheless, the Defendant, under the influence of alcohol concentration of 0.154% during blood, has stopped under the red stop signals due to the negligence that he was unable to properly see the front bank due to the difficult condition of normal driving under the influence of alcohol;

F(n, South, 57 years old) driving G benz car was found to be late due to occupational negligence, and as part of the last vehicle in front of the passenger car, the part of the last vehicle was received by the benz and the victim suffered injury such as salt, tension, etc. which requires approximately two weeks of treatment due to the shock.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A survey report on actual conditions;

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

1. Each statement of H and I prepared;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (in the case of risk driving) concerning criminal facts and Article 5-11 of the Act on the Aggravated Punishment, etc.

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