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(영문) 창원지방법원 진주지원 2015.10.28 2015고단787
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving a motor vehicle B.

On June 3, 2015, the Defendant driven the said car under the influence of alcohol of 0.208% with a blood alcohol concentration of 0.208% 0.20%, and continued the two-lane road at a point of 57.9km point of the cruise line on the South Sea Highway, which is located in the fluence of Sacheon-si, along one lane, at a speed of about 100km.

At the time, it was night and at the same time an expressway bended, so in such a case, a person engaged in driving a motor vehicle has a duty of care to safely proceed by emphasizing the front door and accurately manipulating the steering and steering devices of the motor vehicle.

Nevertheless, the defendant neglected to drive normally due to influence of drinking, while he is unable to drive normally, and the victim C (the 46-year-old) who is driving a two-lane due to the negligence in the course of business, while continuing the two-lanes on the hond road. The defendant shocked the back part of the cargo loaded on the Dpoter's cargo onto the right-hand part of the defendant's vehicle, and caused the cargo to move to the right-hand part of the cargo.

As a result, the Defendant suffered injury to the above victim by negligence in the course of performing the above duties, such as fluoral salt, which requires approximately three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the said vehicle under the influence of alcohol with approximately 0.208% of alcohol concentration on the 30km section from the front of the Defendant’s house in Gwangju-si, Jeonyang-si, the above temporary border to the place where the said accident occurred.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and F;

1. A traffic accident report, a traffic accident report, a notification on the results of the control of drinking driving, a report on the state of drinking drivers, a report on the state of drinking drivers, a noise measurement report for drinking drivers, and an inquiry into the results of the control of drinking driving;

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

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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