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(영문) 창원지방법원 통영지원 2019.05.02 2019고단45
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On May 10, 2010, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Gwangju District Court’s net support on May 10, 201, and a summary order of KRW 2 million as a fine from the Changwon District Court’s Jin branch on November 8, 2013, respectively.

【Criminal Facts】

1. Around 22:50 on December 22, 2018, the Defendant driven a e-car in the state of drunk alcohol concentration of about 0.104% from the C cafeteria parking lot located in B at the same time to the D apartment in front of the same city.

As a result, the Defendant, who violated the prohibition of drunk driving at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driven by a motor vehicle with a motor vehicle of E in such a state that it is difficult to drive under normal conditions as the blood color is red, red, non-distance and walking while under the influence of 0.104% of blood alcohol level at the time and time set forth in paragraph (1), and the Defendant driven the front of the D apartment in front of it from the right side of the high side along one lane.

The Defendant, while under the influence of alcohol, was negligent in disregarding the operation of the operation of the operation of the operation system without putting the front section of the vehicle in front of the Defendant’s vehicle, received the part of the victim F (18 years old) who was driving in the front section of the Defendant’s vehicle, following the G-Wing vehicle driven by the Defendant F (18 years old).

Ultimately, the Defendant driven the said vehicle in a situation where normal driving is difficult due to the influence of drinking, and caused the victim to suffer injury, such as climatic salt, tension, etc., for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The actual condition survey report;

1. On-site photographs;

1. The circumstantial statement of the employee;

1. A medical certificate;

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

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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