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(영문) 창원지방법원 2015.10.14 2015고단1683
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 14, 2015, the Defendant: (a) driven a C New Fran vehicle under the influence of alcohol with a blood alcohol concentration of at least 0.228% from the 6km section from the return market parking lot located in the Seongbuk-gu, Changwon-si, Changwon-si to the same city, via a shocked road in the same city counter from the return market parking lot to the same city, and up to the original city.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) was driven by driving the said vehicle while under the influence of alcohol at the three-way intersection as stated in paragraph 1.

The location is at the intersection of the four-lanes, and the vehicle seeking to make a bypass has a vehicle on the front side, and even though there is a duty of care to prevent accidents by bypassing from the last line, the Defendant has been a motor vehicle under the influence of alcohol as above.

In order to go straight to the right side of the new village due to the negligence bypassing from the first lane, the part of the victim D (the 45 years old) who is waiting for the signal at the second two-lanes was placed in the front of the left side of the motor vehicle of the defendant's vehicle operation, and the part of the back door and fences of the motor vehicle operation.

Ultimately, the Defendant driving a motor vehicle under the influence of alcohol that is difficult to drive normally due to the influence of alcohol, and suffered injury to the victim FF (the age of 43) who was on board the same as that of the victim D, for two weeks, such as dump, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of traffic accident;

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

1. Written report on the master driver, written report on the circumstances of the master driver, and written appraisal of alcohol;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The point of causing bodily injury to a dangerous driving for the crime concerned: The point of a drunk driving under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 148-2 of the Road Traffic Act;

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