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(영문) 창원지방법원 통영지원 2016.08.31 2016고단792
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor 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

Criminal facts

[Majority Opinion] On April 9, 2012, the Defendant issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (driving) at the Changwon District Court on April 9, 2012, and a summary order of KRW 1.5 million for the same crime at the same court on March 20, 2015.

[Criminal facts]

1. Around 22:12 on May 10, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused before the risk) driven a B observer car and led the Defendant to drive the B observer car along the intersection of the private distance in front of the hotel in front of the Do-dong in the Do-dong in the Do-dong Do-dong at the seat of the central market in the Do-dong Do-dong, one-lane between the two-lanes.

In such cases, a person engaged in driving duties has a duty of care to properly see the front side and the left side and the left side, and to accurately manipulate the steering and brakes so as to prevent accidents from occurring.

However, the Defendant was negligent in driving under the influence of alcohol level 0.13% while driving at a normal level while under the influence of alcohol level 0.13%, and the part of the victim C(26C) driving and the left-hand turn from the right-hand side of the Defendant’s driving line was received as the front-hand part of the Defendant’s car.

After all, the defendant suffered injuries, such as Dam tym tym tym tym tym tym tym tym tym tym tym tym tym tym tym tym tym tym tym tym tym tym tym tym tym tym tym tym tym s

2. The Defendant violated the Road Traffic Act (drinking driving) driving a B observer car under the influence of alcohol level of about 1 0.13% in blood while under the influence of alcohol level of 0.13% in the middle of the hotel in front of the west-dong hotel, from the insular area of the Gapo-dong reclaimed land at the time of the day as set forth in paragraph 1 to the insular area of the Doropo-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

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

1. Statement of the circumstances of the driver involved and report on the detection thereof;

1. Driving of alcohol;

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