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(영문) 창원지방법원 통영지원 2017.01.11 2016고단1682
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

1. Around 06:50 on October 12, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Driving of Danger) driving of B Poter cargo, which led to the driving of the B B Poter two roads in front of the cromatic distance in the same way as the crost distance from the surface of the Sung Industrial Complex.

In this case, there was a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care to prevent the accident.

However, the Defendant, while under the influence of alcohol level 0.183%, was unable to drive the said vehicle normally due to his occupational negligence while driving the said vehicle and neglecting to do so, received the DNA cruise car from the victim C (the victim South, the age of 34) who was in front of the Defendant, due to his shock, and suffered injury, such as salt, tension, etc., of the trend that requires approximately three weeks of treatment to the victim.

2. On October 12, 2016, the Defendant was under the influence of alcohol leveling 0.183% of alcohol level in a section of approximately 1km from the road adjacent to the Seongbuk-si Authority at around 06:50 on October 12, 2016 to the same sular road.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a written agreement;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes Injury or Injury to Dangerous Driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act and Article 44-2 (1) of the Road Traffic Act concerning the punishment of the crime; the punishment 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. The reason for sentencing in Article 62-2 of the Criminal Act is that the defendant's blood alcohol concentration is considerably high, and the traffic accident caused by drinking driving is old.

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