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(영문) 창원지방법원 2017.05.10 2017고단335
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

On July 31, 2015, the Defendant received a fine of KRW 2 million from the Changwon District Court to a crime of violating the Road Traffic Act (drinking driving), and on February 1, 2016, the same court received a fine of KRW 5 million from a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents and a crime of violating the Road Traffic Act (drinking driving).

On November 26, 2016, the Defendant: (a) was a person engaged in the duty of operating a cruise car; (b) was snicking and smelling around 11:07 on November 26, 2016; (c) was not accurate; (d) was flicking on the snow side of a narrow distance and face with the alcohol level of 0.121% under the influence of a motor vehicle without a driver’s license, while it is difficult for the Defendant to drive the said motor vehicle normally, and driven the road of four-lanes in front of the D Hospital C located in the window of Changwon-si, Changwon-si, along the two-lane from the Do office to the original square.

In this case, since the Franchis car driven by the victim E(42) was in progress at the front door, there was a duty of care to look at the front door and the right and the right and the right and the right and the right and the right and to accurately manipulate the steering and operation system to prevent accidents in advance.

Nevertheless, the Defendant neglected to do so and proceeded with it, and received the following part of the passenger car in front of the pertinent cruise car.

Ultimately, the Defendant by occupational negligence inflicted injury on the instant E, such as salt, tensions, etc. in light of the influence that requires approximately two weeks of medical treatment, and suffered injury to the victim G (12 years of age) who is a passenger of the said spawn-type car, for approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol (short traffic) made by the police to E;

1. Each medical certificate (Meet 2 driver, Ma2 passenger);

1. A traffic accident report, a report on the detection of a primary driver, and a statement on the circumstances of a primary driver;

1. The driver's license ledger (A);

1. The scene of the accident and vehicle photographs;

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