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(영문) 창원지방법원 2017.08.11 2017고단2358
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 a period of 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 driving of C Carren car.

1. On June 7, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) (hereinafter “Aggravated Punishment, etc. of Specific Crimes”), around 00:02, went through the boundary of the police station in the Chang Seo-gu, Changwon, in the direction of alcohol leveling 0.185% in blood, due to the influence of alcohol leveling 0.185% in blood.

At the time, the signal was installed at night and at the front time, so in such a case, there was a duty of care to prevent the accident by putting the driver on the front door to the person engaged in driving of the motor vehicle.

Nevertheless, the Defendant, while neglecting this, led to the Defendant’s negligence, led to a shock of the victim E (64) waiting in the same lane on the front section of the passenger car operated by the Defendant with a car siren car operated by the Defendant.

As a result, the Defendant suffered, by such occupational negligence, the injury to the said victim E, such as salt, tensions, etc. in need of approximately two weeks of treatment, and the injury to the victim G (34 years) and the victim H (34 years of age) who boarded the said taxi, etc. requiring approximately three weeks of treatment.

2. Defendant 1 was under the influence of alcohol level 0.185% during blood, and Defendant 2 driven the said car rental car at the section of approximately 600 meters from the front of the window frighton, Changwon-si, Changwon-si to the point of the accident as referred to in paragraph 1 on the day, such as paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the crime.

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