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(영문) 창원지방법원 통영지원 2016.08.26 2016고단834
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) is a person engaging in driving a motor vehicle of Benz.

On March 5, 2016, the Defendant driven the front road D in Yong-si, through a road around 23:55 on March 5, 2016, and continued to drive the said vehicle into one-lane between the four-lanes from the boundary of the new distance in North Korea.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle and prevent accidents in advance by properly operating the steering gear, brakes, and other devices of the motor vehicle.

Nevertheless, the Defendant, while under the influence of alcohol level of 0.150%, was driven by a victim E (38 tax) who was under a stop in order to make a U.S. U.S. in the right-distance direction at the point of the U.S. U.S. calendar due to negligence while driving under the influence of normal driving.

F Tart XG's front part of the car conflict with the Defendant's front part of the car.

Ultimately, the Defendant suffered, by its occupational negligence, the injury of light salt, etc. to the above victims, which requires approximately a week medical treatment, injury of light salt, etc. to the victim G (V, 41 years old) who was on a car XG, that requires approximately a week medical treatment, injury of light salt, etc. to the victim H (V, 37 years old) of the same passenger, which requires approximately a week medical treatment, and injury to the victim I (V, 28 years old) of the same passenger, such as light salt, which requires approximately a week medical treatment.

2. On the day specified in paragraph 1, the Defendant driven a vehicle described in paragraph 1 in the state of alcohol alcohol concentration of about 0.150% from the 2km section from the front of a sexual hotel located in the south-dong at the time of the border of the city to the front of D in the same city C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Notification of the results of the crackdown on the driving of drinking and a survey report on actual condition;

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