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(영문) 창원지방법원 진주지원 2017.02.15 2016고단896
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On July 30, 2016, the Defendant was under the influence of alcohol content of 0.211% during blood transfusion around 20:05, and the Defendant was under the duty to make a turn to the left about about 10km at the speed of 10km from each village of gold papers in the same military as “DMat in front” located in Gyeongnam-Nam, by driving the said car and driving the said car at the same time as “DMat” at each village of gold papers in the city of the Si-Eup/Myeon-Eup, Gyeongnam-gu, Busan. In such a case, the Defendant was under the duty to safely drive the car according to his vehicle and prevent the occurrence of an accident in the smoke.

Nevertheless, Defendant 1 was negligent in driving a central line in a situation where it is difficult to drive under normal conditions due to the influence of alcohol due to the influence of alcohol, and did not discover a F rocketing car of the victim E(35) under direct control in the opposite side of the mash-off, and received a large part of the fences around the left side of the damaged vehicle due to the fences of Defendant 1’s front vehicle.

The defendant's occupational negligence caused approximately three weeks to the above victim E in tensions and tensions to the left-hand chills and tensions, to the victim G (Y, 37 years of age) who is the son, to the left-hand chills and tensions, and to the victim H (Y, 3 years of age) who is the son, to the left-hand chills and tensions of the upper-hand chills and tensions, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Reporting the occurrence of a traffic accident, surveying the actual condition (1 and 2), making a report on the situation of a driver under driving, and inquiring into the results of regulating drinking;

1. Medical certificates (E), medical certificates (G), and medical certificates (H);

1. Application of Acts and subordinate statutes on site photographs;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Articles 53 and 55(1)3.

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