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(영문) 창원지방법원 통영지원 2017.01.12 2016고단1775
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

[criminal history] The Defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic law at the Changwon District Court’s branch on February 15, 2007, and was sentenced to a suspended sentence of two years for the same crime from August 1, 2014 to a summary order of eight million won for the same crime.

[Criminal facts]

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

On October 9, 2016, the Defendant driven the said car under the influence of alcohol content of 0.215% in blood, and proceeded at a speed of about 20 km per hour, depending on the two-lanes, from the boundary of the Agricultural Technology Center, the road in front of the beginning of the 857 original sentence as at the south coast of Tong-gu, through the two-lane.

At the time, it was difficult to view at night, so in such a case, there was a duty of care to prevent traffic accidents by accurately operating the front door and the right and the right and the right of the driver of the motor vehicle, and by accurately operating the operation of the brakes and steering gear.

Nevertheless, the Defendant was unable to drive his vehicle in a state of difficulty due to his negligence while driving the vehicle in a state of difficulty, and did not discover that the Do SM5 car of the injured party C (58 Do) who was parked in a stop to wait for signal at the bend on the bend. The Defendant received the back part of the car of the injured party in front of the Defendant’s vehicle.

Ultimately, the Defendant caused the victim to suffer injury, such as salt, tensions, etc., necessary to give approximately two weeks of treatment by such negligence.

2. The Defendant violated the Road Traffic Act (drinking) driven a cubing car in B while under the influence of alcohol with a blood alcohol concentration of 0.215% at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

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

1. Notification of the results of regulating the driving of drinking alcohol, and a driver of drinking alcohol;

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