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(영문) 창원지방법원 2018.06.14 2018고단839
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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 is engaged in driving a KS7 car.

On February 23, 2018, the Defendant driven the said car at around 23:55, while driving it, and driving the alcohol concentration of 0.217% in blood, and driving the two-lane road on the original underground lane of New Croll, which is located on No. 397-ro 6, 397, along with the window of Changwon-si, Changwon-si, the Defendant changed the course from the original integrated bus terminal to the two-lane.

Since there are many vehicles that are adjacent to the exit of underground vehicular roads that combine with the ground roads, the driver of the vehicle has a duty of care to safely operate the steering gear by accurately manipulating the steering gear so as not to impede the normal passage of other vehicles running in the direction of change when intending to change the course.

Nevertheless, the Defendant neglected this and did not discover a victim C (Y, 56 years old)'s DK5 car running in two lanes under the influence of alcohol as above, and changed the course as it was, due to the negligence of changing the course, the Defendant's driving on the right side of the above K7 passenger vehicle for the above K5 passenger vehicle, and thereby, the said K5 passenger vehicle deviate from the lane, and caused the above K5 passenger vehicle to shock the seat on the underground vehicular road as a part of the front side.

In the end, the Defendant was unable to properly sound and was driving the above K7 car in a situation where it is difficult to drive the car normally due to influence of drinking such as drinking, and the Defendant suffered from the injury of the victim C and E (the 35 years old) who is a partner of the above K5 car, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Each written diagnosis;

1. A survey report on actual conditions;

1. A report on the detection of a driver employed by each owner;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Relevant provisions of the Act concerning facts constituting an offense;

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