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(영문) 창원지방법원 통영지원 2016.07.22 2016고단635
특정범죄가중처벌등에관한법률위반(위험운전치사상)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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) by the Defendant is a person engaged in driving a rocketing car.

On April 24, 2016, the Defendant driven B rocketing car with alcohol content of 0.212% during alcohol during blood transfusion at around 22:15, while driving it, the Defendant continued to drive it in front of Driet C at a macro-si, along the intersection in front of the Driet in the direction of the epoch cells in the direction of the epoke cell in the direction of the epoch cells.

Since there is a central line, in such a case, a person engaged in driving service has a duty of care to avoid infringing the central line.

Nevertheless, the Defendant neglected to drive in such a state that it is impossible to drive a motor vehicle normally due to influence of drinking, such as driving a stroke, and took part of the victim E(37) driving B (37 tax) driving the upper part of the upper part in front of the right-hand part of the passenger car of the Defendant, driving the upper part of the victim E(37 tax) driving with the front part of the passenger car in front of the right-hand part.

After all, the Defendant suffered injury to the victim, such as the influence of the right section, which requires approximately two weeks of treatment, due to the above occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a B rocketing car under the influence of alcohol concentration of about 4 km from the Ari-dong funeral hall at the Ari-dong Hospital funeral hall at the time of the day to the intersection of Dri-dong in the direction of alcohol concentration of about 0.212%.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, photographs related to accidents, reports on the detection of primary drivers, alcohol appraisal certificates during blood, and diagnostic certificates;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2(2)1 and 44(1) of the Road Traffic Act, and each of them shall be punished by imprisonment.

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