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(영문) 창원지방법원 진주지원 2016.07.05 2016고단430
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 15, 2016, the Defendant, in violation of the Road Traffic Act (drinking driving) and the Road Traffic Act (Dlessless driving) driven a Cystren car under the influence of alcohol of about 0.139% while under the influence of alcohol while under the influence of alcohol of about 2km, without obtaining a driver’s license, from the Do in front of the Sin-gun of the Sinnam-gun, the Sin-gun, the Sin-gun, the Sin-gun, the Sin-gun, the Sin-gun, the Sin-gun, the Sin-gun, the Sin-nam, the Sin

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by danger) was driving the said vehicle under the influence of alcohol concentration of 0.139% in blood without obtaining a driver’s license on the road in front of the new village of the Sin-gun, Sin-gun, Sin-gun, Gyeongnam-gun, Sin-do at the same time and continued to drive the said vehicle under the influence of alcohol concentration of 0.139% in blood at the outer village of the king village of the Sin-si.

At night, the Defendant was under the duty of care to reduce speed according to the direction of the patrol car and to safely stop and prevent the accident in advance, as the Defendant was under the duty of care, and was under the duty of care to make a safe stop according to the direction of the patrol car.

Nevertheless, under the influence of alcohol, the Defendant left the road by neglecting it, felled into the road, and continued to proceed with it, and received a farming wall.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim D (59 years) who was on the top of the operation of the said car, such as a three-way set-off to the right-hand edge in need of medical treatment for about 12 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A medical certificate;

1. Application of the ledger of driver's licenses and the statutes governing response to requests for appraisal;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 subparag. 2, Article 44(1), Article 152 subparag. 1, and Article 43 of the Road Traffic Act concerning the crime

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