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(영문) 창원지방법원 마산지원 2016.09.07 2016고단642
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person driving a passenger car B E20 b.

On May 2, 2016, the Defendant driven the said car under the influence of 0.176% of blood alcohol level around 10:20 on May 2, 2016, and driven the two-lane road in front of the Gu Sea Port Authority in the vicinity of the Changwon-si, Changwon-si.

At this point, the defendant is four-lanes, and the defendant is behind the victim C's motor vehicle driving in the same direction, so the person engaged in driving the motor vehicle has a duty of care to thoroughly maintain the safety distance and prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant was negligent in neglecting the operation of the operation system and did not properly operate the operation system, and the Defendant’s vehicle wheeled with the front driver of the passenger car.

As above, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered injury to the victim, such as brain, which requires medical treatment for about two weeks.

2. Violation of the Road Traffic Act (driving) was driven by the Defendant under the influence of alcohol 0.176% in blood alcohol concentration from the front day of the new singingtom singing to the place of the accident described in paragraph (1) on the day before the original singtom sing to the New singtom sing to the date and time specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of C prepared by the police;

1. The actual condition survey report;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Investigation report (as to the application of the Madmark);

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 of the Road Traffic Act concerning criminal facts and the provision of the same Act concerning the punishment for the choice of punishment.

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