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(영문) 창원지방법원 통영지원 2016.09.29 2016고단997
특정범죄가중처벌등에관한법률위반(위험운전치상)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. The Defendant is a person who is engaged in driving a B rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On May 14, 2016, the Defendant driven the said car under the influence of alcohol content of 0.129% in blood around 05:51 on May 14, 2016, and continued the front road C at the time of Tong Young-gu with its mother mother father and urgical care from the surface of the original tunnel.

Since there is a center line of yellow solid lines, a person engaged in driving service has a duty of care to thoroughly operate the entire city and to safely operate the tea.

Nevertheless, under the influence of alcohol concentration of 0.129% in blood, the Defendant did not abide by the vehicle line while normal driving is difficult, and the part of the victim D(68 years old) driving with the central line due to the negligence is collisioned with the part of the front part of the car of the Defendant.

As a result, the Defendant suffered injury to the above victim due to the above occupational negligence, such as brain-dead sugar, etc., which requires approximately three weeks medical treatment, and injury to the victim F (23 years), who was the back seat of the above taxi, due to approximately two weeks of treatment.

2. Around 05:51 on April 14, 2016, the Defendant driven a B rocketing car under the influence of alcohol content of 0.129% from the 2nd apartment road in front of the second apartment house, which is located in the luminous bamboo string at the time of passing through a road at around 05:51,00, to the front road of the same city, while under the influence of alcohol content of 0.129%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A statement prepared by the F;

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

1. A survey report on actual condition and photographs on the scene of accidents;

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

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, respectively;

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