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(영문) 창원지방법원 통영지원 2017.10.13 2017고단670
특정범죄가중처벌등에관한법률위반(위험운전치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a motor vehicle DNA in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On March 1, 2017, the Defendant driven the said car under the influence of alcohol content of 0.132% among blood transfusions on March 1, 2017, where normal operation is difficult, and led the said car to proceed to the intersection of the road in front of the E at the Gyeongnam-gu, Gyeongnam-do.

In this case, the driver has a duty of care to safely operate the steering system by properly operating the steering system and steering the steering system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and neglected to proceed as it is, received a part of the victim F(F) waiting for a signal signal in the front bank. 32) The Defendant followed the Glearning car.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim F, such as light salt, which requires approximately two weeks of medical treatment, injury to the victim H ( South, 33 years of age) who was on the fright car, such as light salt, which requires approximately two weeks of medical treatment, and injury to the victim I (the victim I, 3 years of age), such as light salt, which requires approximately one week of medical treatment.

2. On March 1, 2017, the Defendant violated the Road Traffic Act (breathing) driven the said D Abeon vehicle from around 2 km to the front side of the high-speed market at the Gyeongnam-dong at the Gyeongnam-si, under the influence of alcohol content of 0.132% in blood around 11:10 on March 1, 2017 to the front road of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and on-site photographs;

1. Notification of the results of regulating driving of drinking alcohol and statement of the circumstances of driving of drinking alcohol;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime in question and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act.

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