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(영문) 창원지방법원 마산지원 2020.06.19 2020고단184
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

B On December 15, 2019, the Defendant, while driving a frighting car, was under the influence of alcohol level of 0.138% on blood alcohol level on December 22:15, 2019, driving the said frighting car and driving the two-lane road in front of the D Middle School Masan-si C in Changwon-si, Changwon-si.

At the time, there are nights, and there are a strings that distinguish between a router and a road from the left-hand side of the front door, so there was a duty of care to observe the rout line and to prevent accidents by operating the router and the steering gear accurately.

Nevertheless, the Defendant neglected this and did not properly manipulate the steering and operating system to the extent that it is difficult for him to walk normally, and instead did not properly operate the steering and operating system, and received the above fluor as the front-hand part of the fluor of the fluence car.

In the end, the Defendant, while under the influence of alcohol, was under the influence of alcohol, was unable to drive normally due to the influence of alcohol, suffered from the injury of the victim F(F, 30 years of age) who was driving the said fright car and let the victim F (F, 30 years of age) receive approximately eight weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The fact-finding report, the fact-finding report, the investigation report (the fact-finding report on the driver), and the internal investigation report (Attachment, such as the black and video of the fee-raising vehicle);

1. Application of Acts and subordinate statutes to the 112 reported case handling table and diagnosis certificate;

1. Relevant Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Criminal Act, the suspension of execution;

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