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(영문) 창원지방법원 통영지원 2020.06.24 2020고단183
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaged in driving B-learning automobiles.

On January 13, 2020, the Defendant driven the above car on January 23:32, 2020, and got to turn to the left at the above intersection while driving the three-distance intersection from the upper intersection to the C apartment at a string speed.

At the time, since it is at night and a three-distance intersection where signal lights are installed, the driver had a duty of care to safely drive the driver by taking into account the traffic situation of the front bank and observing the signal.

The Defendant was driven by the victim D (year 56) who walked the right-hand turn at the right-hand crossing from the right-hand intersection to the right-hand intersection from the right-hand intersection on the side of the front side of the vehicle of the Defendant, due to the negligence in contravention of the other straight-line signals, which perceived the traffic signal of the front side while normal driving is difficult due to the influence of drinking, such as cutting off and walking.

As a result, the above victim suffered bodily injury, such as T3 and T4’s closed garrising, etc., which requires approximately 12 weeks of medical treatment, and injury to the victim F (n, 38 years of age) who was on board the damaged vehicle, for about 2 weeks of medical treatment.

2. On January 13, 2020, the Defendant: (a) driven a B-learning car under the influence of alcohol level of 0.142% from the 7km section from the H’s front road located in G at a macro-si to the lower C-si intersection; (b) around 23:32, 2020, the Defendant driven the B-learning car under the influence of alcohol level of 0.142%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Notification of a survey report on actual condition and the control of drinking driving;

1. Application of Acts and subordinate statutes to a copy of a medical certificate (F), medical certificate (D);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

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