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(영문) 창원지방법원 2017.11.21 2017고단3339
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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 Cone Star Co., Ltd. in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk).

Defendant

8. On 14. 20:45, while under the influence of alcohol, the driver driven the said passenger vehicle and driven the front road of the Skyman apartment in the Young-dong Kimhae-dong, along the two-lanes between the two-lanes of the 3-lanes of the car driving school, from the surface of the unclaimed underground roadway to the surface of the private teaching institute.

At the time, there was a vehicle standing in the signal atmosphere, and thus, there was a duty of care to prevent the collision with the vehicle running ahead of it in order to reduce the speed by living well on the front side.

Nevertheless, the Defendant was under the influence of alcohol and neglected to observe the signal at the front time, and was under the influence of the victim D(31) who was under the influence of the signal at the front time. The Defendant was under the influence of the victim D(31) who was under the influence of the signal at the front time.

As a result, the Defendant driven in a state where normal driving is difficult due to the influence of drinking, and caused the victim to suffer injury, such as salt dump, tension, etc. in a state where the victim needs to be treated for about three weeks.

2. The Defendant, while under the influence of alcohol level 0.19% of the blood alcohol level during the foregoing day at the same time, driven the above 4 kilometers from the Do in front of the trade influence in the Kimhae-si, Kim Jong-dong to the front road in front of the Kim Young-dong apartment in the Kimhae-dong.

Summary of Evidence

Application of Acts and subordinate statutes to the police's report on the investigation of the situation of the driver at the main place in the police's statement report on the defendant's legal statement D (report on hearing the victim's telephone statement)

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Crime, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act / Imprisonment with prison labor;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. The Criminal Act, the suspension of execution;

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