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(영문) 창원지방법원 통영지원 2019.10.17 2019고단829
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant is a person who is engaged in the duty of driving B B-II cargo vehicles.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving the said car under the influence of alcohol level of 0.117% on June 29, 2019, while under the influence of alcohol level of 0.20% on June 29, 2019, led to the driving of the said car from the direction of the rooftop-Dong to the high speed.

The Defendant was negligent in neglecting the front-time watch while under the influence of alcohol and not operating the brake system properly, due to the negligence that the Defendant was driven by the victim E (the age of 63) who was in the signal atmosphere at the bed, due to the failure to properly operate the brake system, and received the part of the Frost part following the passenger bus in the bed in front of the said cargo vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim G (the age of 61) who was on board the said car with the victim E, respectively, for about two weeks in need of medical treatment.

2. Around 20:20 on June 29, 2019, the Defendant driven the above cargo vehicle under the influence of alcohol content of about 0.117% from a section of about 1km from the front day of the soup restaurant to the front day of the Doo-si, Gao-si.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. An accident-related photograph;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Each comparison with the enemy;

1. Application of Acts and subordinate statutes to report internal investigation (as to the attachment of a victim’s statement and medical certificate);

1. Article 5-11 of the Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime committed;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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