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(영문) 창원지방법원 통영지원 2016.08.18 2016고단761
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

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 who is engaged in driving a car with C.

On May 29, 2016, the Defendant was driving and driving the said car in the tunnel in the upper Dong-dong department at the time of 00:35 on May 29, 2016.

In such a case, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle by complying with the train line.

Nevertheless, the Defendant, while under the influence of alcohol concentration of 0.135% in alcohol, was unable to drive normally while driving at the same time, did not observe the vehicle line and did not conflict with the victim D (W, 43 years old) who was driving in front of the left-hand side of the driver's seat of the Defendant's vehicle with the front and rear part of the E E E E E-W 2 vehicle volume operated by the Defendant.

Defendant 2 caused injury to the above victim by negligence in the course of performing the above duties, such as fluoral salt, tensions, etc. requiring approximately two weeks medical treatment.

2. On May 29, 2016, the Defendant, at around 00:35, driven a CKa car under the influence of alcohol content 0.135% while under the influence of alcohol content 0.135% from the front day of the Ariju-dong 1122 and from the front day of the electric wires to the road inside the tunnel of the Dong-si city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A traffic accident report and on-site photographs;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol driving);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant, on the grounds of sentencing Article 62-2 of the Criminal Act, has a criminal record of a fine due to driving under drinking, and one time a fine is imposed.

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