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(영문) 창원지방법원통영지원 2020.09.09 2020고단602
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was driven by the Defendant at the 6 intersection as of March 7, 2020, under the influence of alcohol concentration of 0.218%, at C in front of C in the 19:25 macro-si, the Defendant driven the D-wing and C cargo vehicle with the 6 intersection from the direction of the new ginseng distance.

At the time, there was a vehicle waiting in front of the defendant's moving direction, so in such a case, the driver of the vehicle has a duty of care to reduce the speed in advance and properly manipulate the brake system to prevent the accident in advance.

Nevertheless, the Defendant neglected this and failed to operate the brakes properly under the influence of alcohol, and was driven in front of the same lane by the victim E (hereinafter referred to as 61 years of age) who was driven by the same lane, and received the part of the driver's length in front of the above cargo vehicle.

As a result, the Defendant driven the above cargo in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim E, such as brain-dead sugar, etc. without any common room within two weeks of medical treatment, and suffered injury to the victim G (e.g., 61 years of age) who was on the top of the said A-to-pur-purn vehicle operation for about two weeks of light, tension, etc.

2. Violation of the Road Traffic Act (driving) driving of the Defendant, while under the influence of alcohol of about 300 meters from the first parking lot located at H at the time of temporary border as set forth in paragraph (1) to the place set forth in paragraph (1), was driving the above 3-class cargo vehicle with the blood alcohol concentration of about 00 meters.218%.

Summary of Evidence

Defendant’s legal statement

1. A written statement by the police branch concerning E;

1. A survey report, a report on the results of the control of drinking driving, a report on the circumstantial statement of a drinking driver, an investigation report (report on the circumstances of a drinking driver), and an investigation report (related to the analysis of video records of a damaged vehicle);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Criminal facts;

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