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(영문) 창원지방법원 2017.04.19 2016고정1121
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The Defendant: (a) was a person who is engaged in driving of a vehicle with the franchise in C; (b) was under the influence of alcohol leveling 0.129% of the blood alcohol level around August 22, 2016; (c) was driving an apartment building up to July 18, 201 by driving the said car in Chang-gu, Chang-ro, 7-ro, 10-ro, and 2-ro, Young-gu, Dong-gu, Go-gu, as seen earlier, while drinking alcohol leveling 0.129% of the alcohol level in the mouths around August 22, 2016.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the front side and the left side and the left side and the steering gear of the motor vehicle, and to prevent accidents.

Nevertheless, the defendant, by negligence of violating the above duty of care, was found to have 1 km of the defendant's drinking and 124C motor bicycle side behind the right side of the victim D (the 28-year-old driver) without the driver's license plate of the victim D (the 28-year-old driver) who finds the defendant's front of the defendant's vehicle by failing to observe the above duty of care.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt, tension, etc., which requires approximately two weeks medical treatment, to the victim.

2. On the date and time set forth in paragraph (1) above, Defendant 1 driven a vehicle with a km of 10.129% alcohol level at the Changwon-si, Changwon-ro, 7-ro, 18, 10-ro, 10-ro, 202, and 1 km up to the front day of the 202-dong apartment 202.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Reports on the occurrence of a traffic accident, reports on a traffic accident, and reports on the circumstances of the drivers of primary drivers;

1. A general medical certificate;

1. Application of field photographs and CCTV video-related Acts and subordinate statutes;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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