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(영문) 창원지방법원 통영지원 2016.11.03 2016고단1261
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a C low

On August 15, 2016, the Defendant driven the above car at around 21:30 on August 15, 2016, and moved to a right-hand bypassing 14 countries from the area of the Godong-dong, Go-dong, Go-dong, to the right-hand.

In such cases, a person engaged in driving duties of a motor vehicle has a duty of care to safely drive the motor vehicle by sustaining the front door well and complying with the tea line.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.210%, was under the influence of alcohol in a state of difficulty in normal operation, conflict with the part of the Defendant’s passenger vehicle operation in front of the head of the passenger vehicle operation line, which is normally driven by the victim D(30 years of age) who is driving beyond the center line due to negligence.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment, and suffered injury on the victim F (the 31 years of age), who is the passenger of the said passenger car, such as salt, tension, etc. in need of medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) from the date of the temporary border referred to in paragraph (1) to the roads in front of the mutual influent convenience store in the Gedong at the same time, the Defendant driven a Cresh vehicle with a blood alcohol content of about 500 meters from approximately 0.210% under the influence of alcohol at around the national highway No. 14 to the front road on the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Report on the control results of drinking driving, and report on the situation of drinking driving;

1. A survey report on actual condition, on the site, and photographic pictures of accident vehicles;

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

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 148-2 (2) 1 and Article 148-2 (2) of the Road Traffic Act concerning the crime.

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