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(영문) 창원지방법원 통영지원 2018.01.18 2017고단1555
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

[2] On July 22, 2015, the Defendant received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving) from the Changwon District Court’s branch on July 22, 2015, and a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) from the Changwon District Court’s branch on June 7, 2007.

[Criminal facts] The Defendant is a person who is engaged in driving a Branchis vehicle.

On May 28, 2017, the Defendant driven the said vehicle while under influence of 0.104% alcohol during blood, even though he/she violated two or more times due to drinking driving on at least two occasions on May 28, 2017, and driven one lane prior to C at the time of a show of alcohol by driving the said vehicle at the 0.104%.

There is a place where the center line of yellow solid lines is installed, and since it is a road leading to a straight line, a person engaged in driving motor vehicles has a duty of care to accurately operate the steering wheel and brake system and to safely operate the motor vehicle in compliance with his own lane.

Nevertheless, despite the situation where it was difficult to operate normally, the Defendant was faced with the part of the part preceding the driver's seat of the E-learning vehicle driven by the victim D (the age of 53) who was under the influence of alcohol due to the negligence that was driven by the center line while under the influence of alcohol.

Ultimately, the Defendant suffered from the victim D, who is the driver of the victimized vehicle, a driver of the foregoing occupational negligence, about 2 weeks of knee knee knee knee kne, and suffered injury to the victim F (57 kne kne kne) and the victim G (27 kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the accused by the prosecution;

1. Statement made by the police with H;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an accident scene photograph;

1. Notification of the results of the crackdown on the driving of alcohol and the statement of the circumstances of the driver who takes the driving; and

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