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(영문) 창원지방법원 거창지원 2017.06.23 2017고단106
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

The Defendant is a person who drives a rocketing car.

On March 18, 2017, the Defendant driven the said car under the influence of alcohol level of 0.125% at around 16:10, while driving the said car, and driving the front road of the Gyeongnam-gun into the mountain village at the entrance of a mountain distance, at the port of the water distance, the Defendant was negligent in operating the steering direction and brake system in a state where normal driving is difficult due to influence of drinking, and was driven by the victim D (34 years old) who driven the E-learning vehicle at the entrance of the water distance opposite to the Defendant’s vehicle, driving the steering direction and brake system at the port of the water distance.

As a result, the Defendant caused the victim to suffer multiple ties in need of approximately two weeks of medical treatment due to the above occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Reporting on the occurrence of a traffic accident, reporting on a traffic accident, and recording and photographing of the traffic accident;

1. A medical certificate;

1. Notice of the results of crackdown on drinking driving and inquiry of the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Making teas;

1. Application of Acts and subordinate statutes to investigation reports (as to the situation at the time of drinking measurement);

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to dangerous driving), and each choice of imprisonment with prison labor;

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. Article 62 (1) of the Criminal Act suspended execution (see, e.g., the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and reflects his mistake, the degree of damage is not much severe, the payment of insurance proceeds and partial recovery of damage was made, and the defendant has no record of punishment for the same kind of crime since 2004);

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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