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(영문) 창원지방법원 통영지원 2017.02.08 2016고단1866
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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 November 26, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) driven a motor vehicle with 0.164% alcohol level among blood transfusion around 18:25, while under the influence of alcohol level of 0.164%, the Defendant driven a motor vehicle with turbn, B, and driven a two-lane road in front of the D restaurant in C at the time of a macrodo, along the right side of the bus terminal located in the ancient-west cruise cruise-dong cruise.

In this case, the driver of the vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent the accident.

However, under the influence of alcohol, the Defendant, while driving in a state where normal driving is difficult, was due to the negligence in the course of duties that did not properly look at the front line, was driven by the victim E (the 57-year old-old-age-old-age-old driver) who was driving in the front line, followed by the FST7 car of the victim E (the 57-year-old-age-old driver), and suffered from the victim’s injury, such as the light flick, which requires approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle with a alcohol level of at least 0.164%, while under the influence of alcohol leveling at approximately 100 meters, from the front of the Go-dong Man-dong Man-dong Man-dong Man-dong Man-dong Man-dong Man-dong Man-dong Man-dong Man-dong Man-do to

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking;

1. A medical certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes against 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. Reasons for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order.

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