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(영문) 창원지방법원 통영지원 2018.06.14 2018고단472
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On March 3, 2018, the Defendant, as a person engaged in driving BMW car, driven the said car under the influence of alcohol concentration of 0.156% in blood around 00:40 on March 3, 2018, and led to two-lanes of tunnels, the amount of which is 145-1, 000 0.1,00 0.0 0.156% in the east-dong-dong-dong-dong-dong-dong.

At night, and at all times, the victim C(28) was driving a D-Wed car, so in such a case, a person engaged in driving a motor vehicle has a duty of care to see the front side and accurately manipulate the steering gear and the steering gear to prevent the accident in advance.

Nevertheless, the Defendant was negligent in the course of performing duties of the injured party due to his occupational negligence in neglecting the operation of the operation system at the front night while driving a brealy in the influence of alcohol, and then received the part of the Defendant’s vehicle behind the vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as the crypum dump in need of treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A survey report on actual conditions;

1. On-site photographs;

1. Efluoring a black stuffe image images;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant, who had been punished several times due to the observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act, was driving alcohol again.

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