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(영문) 창원지방법원 통영지원 2019.09.26 2019고단778
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in driving a non-designated car B.

1. Around 22:00 on May 19, 2019, the Defendant driven the said car under the influence of alcohol with a blood alcohol concentration of 0.166% at a distance of about 10km from the 10km to the intersection of the front of the city at the same time on the road before the D Frequency of C at a macro-city C.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) set forth in paragraph 1, the Defendant, under the influence of alcohol as above, divided the words and behavior into two, the state of walking is narrow, and the above car was driven with red and so on while making it difficult for the Defendant to drive the said car to turn to the left from the direction of the Fjust to the Gjust.

In such cases, the driver has a duty of care to properly see the front left and accurately manipulate the steering and brake system to prevent accidents in advance.

Nevertheless, the Defendant neglected to make a left-hand turn due to the negligence of the Defendant, who left-hand while driving, left-hand from the right-hand side of the running direction of the Defendant, and received the front portion of the car from the victim H(27 years old) to the front part of the car above.

As a result, the Defendant, while driving the said non-owned car in a situation where normal driving is difficult due to the influence of drinking, suffered injury, such as light salt, etc. for about two weeks in need of medical treatment to the victim H, the victim J(38), and the victim K(n, 37 years old) who is a passenger of the said non-owned car.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Inquiry into the enemy;

1. A written diagnosis;

1. A traffic accident report;

1. An accident site photograph;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 5-11 of the Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes (the point of injury resulting from dangerous driving) and the Gu concerning criminal facts as provided in the corresponding Act.

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