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(영문) 창원지방법원 2016.12.23 2016고단3265
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle with detached motor vehicle B in violation of the Act on the Punishment, etc. of Specific Crimes (Bodily Injury).

On September 11, 2016, the Defendant driven the said car while under the influence of alcohol of 0.186% of blood alcohol level around 10:55, and driven the said car, thereby driving it along the Do road in the direction of a dry field and driving it in the direction of a transition distance from the shooting distance to the direction of a dry field.

In such a case, despite the duty of care to safely drive a motor vehicle, such as reporting the traffic situation on the front side, accurately manipulating the steering system, etc., and prevent the accident, the defendant, while under the influence of alcohol, was negligent in failing to properly operate the steering system, thereby causing injury to the victim E (the aged 44) who was on the right side of the road due to the failure to operate the steering system properly while driving the motor vehicle.

As a result, the Defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing injury to people.

2. Around 10:55 on September 11, 2016, the Defendant was driving a vehicle from the 3km section of approximately 0.186% of blood alcohol concentration from the 3km section from which it is impossible to identify the trade name in the outcoming of the Kimhae-si, Kim Jong-si, to the frontway in the Kimhae-si C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of traffic accident;

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

1. Report on proper recommendation of a host driver, report on the status of a host driver, and notification of the completion of correction;

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes: Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes: Articles 148-2 (2) 2 and 44 of the Road Traffic Act;

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