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(영문) 창원지방법원 진주지원 2019.06.13 2019고단172
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 of Bco-mpiing vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On January 10, 2019, the Defendant, while under the influence of alcohol on January 23:45, 2019, had D High School D High School C in Sacheon-si operated directly under the influence of alcohol by 0.125% of alcohol level on the surface of Samcheon-si Port in Sacheon-si.

The driver of the vehicle has a duty of care to thoroughly keep the front-time driver, operate the steering gear accurately, and in particular, he has a duty of care to refrain from driving while he is difficult to drive due to influence of drinking.

Nevertheless, the defendant, who was under the influence of alcohol, led to a f-hurd vehicle driven by the victim E (the age of 28) under the influence of signal prior to the direction of marina course by the negligence while under the influence of alcohol.

Ultimately, the Defendant driven the above vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim E, such as cryp and chest cryp salt, etc., for which each three-day medical treatment is required, and the Defendant suffered from the injury of the shoulder cryp, tension, etc., which requires approximately two-day medical treatment to the Fro-pump passenger G (27 years of age).

2. At the time stipulated in paragraph (1) of this Article, the Defendant driving a sports vehicle B in the 1km section while under the influence of alcohol concentration of 0.125% in front of the D High School located in Sacheon-si H apartment C at the front of the D High School.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a traffic accident report, report on the results of the regulation of drinking driving, report on the circumstantial statements of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Commercial concurrence;

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