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(영문) 창원지방법원 통영지원 2021.01.13 2020고단1060
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is also a person who is engaged in driving a bareboat cargo vehicle in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On July 4, 2020, the Defendant driven the above cargo while under the influence of alcohol level of 0.179% from the blood alcohol level on July 4, 2020, and led the Defendant to drive the above cargo at the right from the beginning of the beginning of the year, with the cryp and the front of the road on the front side of the city.

In this case, a person engaged in driving of a motor vehicle has a duty of care to observe the motor vehicle line and accurately manipulate the steering and brakes so as to prevent accidents.

The Defendant, while under the influence of alcohol, was able to rhym the horses and walked with a little string, and due to difficulties in driving normally, such as grhing snow, and due to difficulties in driving the said cargo, and was driven by the victim C (W, 64 years old) who driven the said cargo due to the negligent negligence over the center line, and was driven by the Defendant’s front panion part of the DNA Nos. 1, 64 years old.

As a result, the defendant suffered bodily injury, such as a peltoma, which requires approximately four weeks of medical treatment.

2. On July 4, 2020, the Defendant: (a) driven a Bcoon bit-road under the influence of alcohol leveling 0.179% of alcohol level from the section of approximately 8km from the front of the road in front of the city, to the front of the road in front of the beginning of the city, at around 10:10 on July 4, 202.

Summary of Evidence

1. The notification of the Defendant’s legal statement C’s results of drinking driving control and the application of Acts and subordinate statutes to the examination report;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, the former part of Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, and the choice of imprisonment, respectively;

1. The aggravated Criminal Act for concurrent crimes.

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