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(영문) 창원지방법원 2014.08.29 2014고단813
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

[2014 Highest 813] The defendant is a person who is engaged in driving Branchisa car.

On February 8, 2014, at around 02:29, the Defendant driven the above vehicle and proceeded with the third line road in front of Kimhae-si, Kimhae-si, Kimhae-si, according to one lane from the side of Kimhae-si Police Station, while under the influence of alcohol with a blood alcohol concentration of 0.280%.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by driving a motor vehicle safely, such as accurately operating the steering gear and brakes of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was driven by the victim C (V, the age of 45) who was in the atmosphere of the signal signals around the crosswalk, and was driven by the back part of the motor vehicle driving by the Defendant.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of alcohol, and suffered injury to the victim E (the 19-year old-age-old victim) who was on board the damaged vehicle for about two weeks in need of medical treatment, such as climatic salt, etc. for about two weeks.

[2014 Highest 1792] On May 11, 2014, the Defendant driven Bchier car at approximately 12 km section from May 11, 2014 to the Han Sea Road, which is located in the Pungdo-dong from the front of the Kimhae-si to the same Silgu-dong without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The evidence list Nos. 2 to 6, 10-14, and 16 submitted by the Prosecutor (2014 high-ranking 813)

1. Application of the Act No. 4 and 5 to the evidence list (2014 order 1792) submitted by the prosecutor;

1. As to the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving), Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of sound driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act

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