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(영문) 창원지방법원 2015.01.20 2014고단2973
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 19:50 on September 19, 2014, the Defendant was a person engaged in the business of driving Chived vehicle of Chived vehicle, and the Defendant was driving the said vehicle on the roads in front of the K K practice room, located in Jin-gu D at Changwon-si, with a view to having a normal driving under the influence of alcohol level of 0.100% under the influence of normal operation on the roads of Jin-gu at Changwon-si.

At the same time, there are many vehicles parked on the right side or right side of the road without a median line, so a person engaged in driving has a duty of care to drive a vehicle with a duty of care to ensure safety by checking well the left and right side.

Nevertheless, the Defendant neglected to do so and proceeded on the right side of the damaged vehicle, followed by the left side of the damaged vehicle which stopped on the right side of the road, and contacted the front and rear side of the damaged vehicle with the front and rear center.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to drinking, was negligent in neglecting his/her duty of care as a driver, and the Defendant suffered from the victim F and the passenger G (the age of 31) for two weeks each, “Influoral base, the luoral base, the luoral base, the right shoulder,” which requires two-day medical treatment.

B. The Defendant, while under the influence of alcohol level of 0.10% at the time of the act referred to in the above paragraph (a) of the Road Traffic Act, driven a distance of about 30 meters to the front of the accident on the road in front of the non-fit distance in the Jinhae-gu, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made by the F, reports on traffic accident occurrence, reports on detection of the actual condition of the driver, medical reports on the circumstantial statement of the driver of the driver of the driver's license (one person other than F), and written estimates;

1. Articles 5-11 (Aggravated Injury resulting from Dangerous Driving) and 148-2 (2) 2 and 44 of the Road Traffic Act concerning the crime by applicable law.

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