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(영문) 창원지방법원 통영지원 2020.03.25 2019고단1468
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 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 vehicle B at low price.

1. On September 15, 2019, the Defendant violated the Road Traffic Act and the Road Traffic Act (driving without a license) and the Defendant driven the said vehicle under the influence of alcohol by 0.189%, while the Defendant did not obtain a driver’s license at a about 1km section from the front of the C apartment at the time of through, and from the front of the earth and the road in front of the road at the time of through-run, in a manner of under the influence of alcohol by 0.189%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) was under the influence of alcohol level 0.189% at the time and time set forth in paragraph 1, the Defendant driven the said car and driven the said car to the earth and the earth and the earth and the earth.

At the time of the defendant's frontline, the Fluent car driven by the victim E (the age of 42) was a signal waiting, so in such a case, there was a duty of care to view the front door to the driver of the vehicle and properly manipulate the brake and steering gear to prevent the accident in advance.

The Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and neglected to perform such duty of care as above, and neglected to neglect the front-time at the front-time and failed to properly operate the operation system, and received the part of the front-hand part of the said car.

As a result, the Defendant suffered injury to the victim G(W, 41 years old) and the victim H(W, 12 years old) who was on a passenger car with the victim E, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition of traffic accidents;

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

1. The first part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury resulting from dangerous driving) and Article 5-11 of the same Act concerning criminal facts.

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