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(영문) 창원지방법원 마산지원 2016.08.16 2016고단598
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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. 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 coo cars in B.

On April 24, 2016, around 18:10, the Defendant driven the said vehicle while under the influence of alcohol concentration of 0.126% in blood at a 0.126-lane of the Mapo-si, Changwon-si, Changwon-si, Mapo-si, Changwon-si, Mapo-si, Seoul, at a speed of about 40 km per hour from the revised bank to the direction of 50 km.

Since there is a one-lane road in which the center line of yellow solid lines is installed, a person engaged in driving motor vehicles has a duty of care to thoroughly operate the front line and to safely operate the car line.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to operate the steering gear, was fluor of the victim C(27 years old) driving at least about 36 meters in the direction of the proceeding by breaking the center line by negligence, which failed to properly operate the steering gear, and led the victim C(27 years old) driving in the opposite direction to the Defendant’s driving.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as light dump dump dump, which requires a three-day medical treatment, while at the same time, the Defendant suffered injury to the victim E (the 23 years old), who is the fump of the said vehicle, for about four-day medical treatment.

2. On April 24, 2016, the Defendant driven the said vehicle under the influence of alcohol content of about 0.126% in the section of approximately 4km from the road front of the branch of the old Southern Middle School, which is located in the adjustment of the water level of the Magpo-gu, Simsan-si, Changwon-si, Seoul, Seoul, to the place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A report on the occurrence of a traffic accident, a survey report, a report on the detection of a primary driver, a statement of the circumstances of the primary driver, and an investigation report (the details of the inspection).

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