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(영문) 창원지방법원 통영지원 2018.11.30 2018고단1213
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 18, 2018, the Defendant violated the Road Traffic Act (drinking) driving a B rocketing car under the influence of alcohol leveling 0.153% from the 1km section from the roads in front of a mutual influent restaurant in the ancient city, to the roads in front of the State of the talent-education zone in the same Dong, on August 18, 2018.

2. Violation of the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from dangerous driving) the Defendant driven the said vehicle in such a state that it is difficult to drive the vehicle normally due to the influence of alcohol leveling 0.153% of the blood alcohol level during the day specified in paragraph (1), such as with red, non-distance, and walking, while driving the said vehicle along the two-lanes of the road front of the talent education building located in 1941 at the center of the macro-clock, along the direction from the right parallel parallel of the road at the city.

The Defendant, while under the influence of alcohol, was negligent in the operation of the operation of the operation system of the above vehicle, and the part of the Defendant’s vehicle driving ahead of the Defendant’s vehicle, which was driven in front of the Defendant’s vehicle driving direction, followed the Defendant’s vehicle behind the vehicle driving in the Down Pack Do, which was driven before the Defendant’s driving direction.

Ultimately, the Defendant, as seen above, driven the said vehicle under the influence of alcohol that is difficult to drive normally and caused the E (the age of 53) who was accompanied by the said vehicle to the victim C and the victim E (the age of 53) to suffer injury, such as brain-dead, etc., in which there is no room for approximately three weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of Acts and subordinate statutes, such as a report on the occurrence of a traffic accident, a report on the actual condition of the accident, a survey report on the scene of the accident, a report on the results of the control of drinking driving, a report on the circumstances of the driver in charge, an investigation report (report on the

1. The point of causing bodily injury to a driving of risk under the relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Aggravation concurrent crimes;

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