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(영문) 창원지방법원 2017.07.19 2017고단1783
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

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. The Defendant is a person who is engaged in driving the first car in D body.

On April 5, 2017, the Defendant, while under the influence of alcohol level of 0.152% in the direction of the lux apartment at the luxe apartment, driven the lux-man first car at a lux rate, driving the lux-man car and driving the lux-man car at an insular speed.

At the time, the driver was at the intersection, and in such a case, there was a duty of care to prevent accidents in advance by looking at the front side and the left side and safely driving.

Nevertheless, under the influence of alcohol, the Defendant was unable to operate the operation system properly, and the victim E (33 Do) who is waiting to turn to the left at the intersection due to the negligence of not operating the operation system, and received the front part of the FL car in front of the passenger car in front of the Defendant.

As a result, the Defendant, while driving the said car in a state where normal driving is difficult due to influence of alcohol, suffered injury, such as “influoral salt,” which requires approximately two weeks of medical treatment, respectively, to the victim G (36 Do) who was boarding the said car with the said car E and the said car.

2. Defendant 1 was under the influence of alcohol level 0.152% during blood, and Defendant 2 driven the string-man car from a distance of about 1 km from the front of the house of Gyeongnam-do residents living in the window-dong of Changwon-si on April 5, 2017 to the front of the middle of the wing-dong of the same Gu, which is located in the same roof-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes to report the detection of drivers engaged in driving;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act concerning the crime.

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