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(영문) 창원지방법원 통영지원 2017.08.09 2017고단744
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a person engaged in driving a gallon vehicle.

On May 14, 2017, the Defendant driven the above vehicle under the influence of alcohol content of 0.316% in blood at around 17:30 on May 14, 2017, and continued to drive the above vehicle under the influence of alcohol content of 0.316% in a long-term city, 3:3-ro 28 in the long-term city, bypassing it from the apartment bank to the long-term convention center.

Since there are frequent traffic of vehicles and the center line of yellow solid lines, a person engaged in driving motor vehicles has a duty of care to safely drive motor vehicles with the lane in the direction of proceeding without harming the center line.

Nevertheless, the Defendant did not properly operate the steering gear under the influence of alcohol to the extent that it is difficult for the Defendant to properly walk, and due to the negligence of the Defendant’s failure to properly operate the steering gear, the part of the Defendant’s driver’s seat in front of the driver’s seat of the DNA franchise vehicle driven by the victim C (51 Do) driving on the vehicle adjacent to the Defendant’s vehicle due to the negligence of the central line.

Accordingly, the Defendant suffered injury to salt and tensions that require approximately two weeks of medical treatment to the victim due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A survey report on the actual condition of a traffic accident, a report on the occurrence of a traffic accident, a report on the results of crackdown on drinking driving, a report on the situation of a driver taking driving, a vehicle involved in accident

1. Each investigation report (the situation report of the main driver and the closure of CCTV images at the time of the accident);

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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