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(영문) 창원지방법원 거창지원 2019.05.01 2019고단68
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

However, the execution of the above imprisonment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a low-speed car B.

On January 28, 2019, at around 005, the Defendant driven the said vehicle under the influence of alcohol of 0.21% with a blood alcohol concentration of 0.21%, and led the vehicle to proceed from the d village bank of the development-gun C, one-lane road to the d village bank. Since the place is located at the entrance of the village with frequent traffic of ordinary pedestrians, the Defendant has a duty of care to prevent accidents by safely driving the vehicle, such as reducing the speed according to road conditions and operating the brake system accurately.

Nevertheless, the Defendant is breaddled under the influence of alcohol, and the Defendant neglected to perform the duty of front-time care while under the influence of alcohol to the extent that it is difficult to walk, thereby reducing the speed, and instead failed to properly operate the operation system, and by negligence, the front-way part of the operation direction of the said vehicle is the front-way part of the said vehicle. Then, the victim E (63 years old) who walk the above road on the right side side of the said road to the village protection area from the sloping-gun of the said road, walking on the right side of the victim E (63 years old) who walked from the road to the village protection area of the said vehicle, was in contact the front-way part of the said vehicle to the victim.

As a result, the Defendant driven a motor vehicle while under the influence of alcohol, and driven a motor vehicle while it is difficult to drive the motor vehicle normally due to influence of alcohol, and suffered injury to the victim, such as brain-dead, which does not have two or more open situations requiring treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on the occurrence of a traffic accident;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of a medical certificate for a victim);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and the selection of punishment.

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