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(영문) 창원지방법원 통영지원 2018.12.26 2018고단1221
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for 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. On March 23, 2018, the Defendant: (a) driven a C X-ray car under the influence of alcohol content of about 500 meters from around 03:20 to around the attempted resident center located in the same city at the same time, from around 500 meters to the end of the attempted resident center located in the same city, while driving the C X-ray car under the influence of alcohol content of about 0.170%.

2. The Defendant is a person who is engaged in driving a CEX car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving).

On 23, 2018, the Defendant, while under the influence of alcohol on 03:20% of the blood transfusions, proceeded with the road front of the attempted resident center, which is in an attempted way at the time of flow, from the bottom of the tunnel, to the river on the waterside in the unclaimed sea.

At the time, there is a duty of care to prevent accidents in advance by driving safely, such as emphasizing the traffic situation in front and accurately manipulating steering devices, etc., in the area where the passage of vehicles is frequent at night and where the passage of vehicles is frequent.

Nevertheless, the Defendant was negligent in driving under the influence of drinking so that the victim D(53) who was standing in the front of the vehicle due to negligence while he was unable to drive under the influence of drinking and was faced with the back of the victim D(53) rocketing taxi.

Ultimately, the Defendant suffered, from such occupational negligence, the victim D’s salt, tensions, etc., and the victim F, a rash dynasium and tension that require approximately three-day medical treatment, and the victim G, who is the passenger, suffered around three-day tensions and tensions, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on the occurrence of a traffic accident and an investigation report on the actual condition of a traffic accident;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Each written diagnosis shall be subject to the law.

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