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(영문) 창원지방법원 통영지원 2016.10.19 2016고단1177
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

On February 28, 2016, at around 19:45, the Defendant, while driving a B-house with the blood alcohol concentration of 0.150% in a state that it is difficult to drive normally to the extent that he/she is unable to walk properly, he/she would drive the B-house vehicle into the front of the C-house at the c apartment at the time of macronomy.

Since there is a road where the traffic of a vehicle with a center line of yellow solid lines is frequent, the driver of the vehicle has a duty of care to safely drive the vehicle with a lane in the direction of proceeding without breaking the center line.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the front-round phase of the vehicle under the influence of alcohol and in the course of the centering on the center line, resulting in the Defendant’s injury, such as salt, tension, etc. of the bones of a neck that requires approximately two weeks of medical treatment to the victim due to its shock, by taking the side side of the driver’s seat of the vehicle E in the same manner adjacent to the driver’s seat of the said vehicle.

Summary of Macck

1. Defendant's legal statement;

1. Statement made to D by the police;

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

1. Statement of the circumstances and report on the detection of such a driver;

1. Application of Acts and subordinate statutes to medical certificates and certificates of admission and discharge;

1. Relevant law concerning 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 choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for providing community service or attending lectures;

1. In the case of a drunk driving, etc., the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court [the scope of the recommended sentence] general traffic accident category 1 (the injury caused by traffic accident) (eight to two years) (a special person], the crime of violation of the Road Traffic Act is not applied to the sentencing guidelines, but it is assessed as the aggravated area of the above sentencing guidelines.

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