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(영문) 창원지방법원 2015.09.10 2015고단1859
특정범죄가중처벌등에관한법률위반(위험운전치사상)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

Criminal facts

1. On July 7, 2015, at around 06:15, the Defendant driven the E Car under the influence of alcohol with a blood alcohol concentration of 0.168% from a section of approximately 1.5km from the day before a restaurant located in Kimhae-si C to the trin road located in the same Dong.

2. The defendant is a person who is engaged in driving of the above knife vehicle;

The Defendant, at the time and place specified in paragraph (1), driven the said vehicle in a situation where it is difficult to drive the vehicle normally due to influence of drinking, and driven the three-lane road in front of the three-lane distance in Kim Jong-si, Kim Jong-si, along the two-lane road from the Dcafeteria Scamble to the side of the non-permanent six apartment.

There is a duty of care to prevent accidents due to the safe driving of the motor vehicle in accordance with the new subparagraph, such as a long-distance intersection where a signal, etc. is installed, for those engaged in driving of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol, waiting for the signal at the front by negligence while driving the stop signal while waiting for the signal at the front, and received the rear part of the GM5 vehicle driven by the Victim F (F, who is aged 41).

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of treatment due to occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident prepared by the F;

1. A traffic accident report;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving);

1. Selection of each sentence of imprisonment;

1. Article 37 of the Criminal Act aggravated for concurrent crimes.

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