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(영문) 창원지방법원 2020.04.28 2019고단3573
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

1. On June 14, 2019, the Defendant: (a) driven CK7 vehicle while under the influence of alcohol by 0.143% in blood alcohol concentration from the Do located in the Jinhae-gu, Changwon-si, Changwon-si; (b) around 21:37, the Defendant driven CK7 vehicle while under the influence of alcohol by 0.143% in blood alcohol concentration.

2. On June 14, 2019, the Defendant violated the Act on Special Cases Concerning the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) driven a CK7 car while under the influence of alcohol at a level of 0.143% of blood alcohol level in the front of the Jinhae-gu B apartment at Changwon-si, Changwon-si, thereby driving the CK7 car at a speed of about 30km in the direction of entrance of B apartment parking lot at the seat of D Hospital.

There are many vehicles parked on the roadsides at night and in the situation where the front door of the offway flows, so in such a case, the driver of the vehicle has a duty of care to reduce the speed and properly manipulate the right and the right of the front door and the right of the front door and to prevent the accident in advance.

Nevertheless, the Defendant neglected this and failed to properly operate the steering gear, and was parked on the right side of the victim E (the age of 29) who was parked on the right side of the driving direction due to the negligence of not operating the steering gear, and received even parts behind the left side of the victim E(the age of 29).

As a result, the Defendant suffered bodily injury, such as salt, tension, etc., in each of the following cases: (a) the victim E (the age of 29) and the victim G (the age of 26) who was parked in the said K5 vehicle and parked in the said K5 vehicle under the influence of alcohol that it is difficult for the Defendant to drive the vehicle normally.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on the circumstances of a drinking driver and report on the control of drinking driving;

1. Reports on the occurrence of traffic accidents, reports on the actual condition of traffic accidents, and photographs;

1. Application of the Acts and subordinate statutes for each written diagnosis and each investigation reporting;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes committed under the relevant criminal facts.

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