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(영문) 창원지방법원 통영지원 2015.11.04 2015고단542
특정범죄가중처벌등에관한법률위반(위험운전치사상)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

Criminal facts

On February 25, 2007, the Defendant was under the control of the violation of the Road Traffic Act (driving) and was under the control of the same crime on March 10, 2007, and was issued a summary order of KRW 2.5 million at the Busan District Court on September 10, 2009.

Criminal facts

Although the Defendant was punished twice as a crime of violation of the Road Traffic Act as above, the Defendant was under the influence of 0.177% of blood alcohol level on April 30, 2015, the Defendant was driving at approximately 50 meters from the front of the restaurant at the king in the direction of the king in the king of the king in the king of the Jinsung-gun, Jinsung-gun on April 30, 2015 at a speed of about 50km from the front of the road at the king of the same Ri to the front of the head office in the same Ri.

At the time of night, the front door door door door door door door door door door door door door door door door door door door door door door door door door door door door, and thus, the driver of the motor vehicle had a duty of care to prevent the accident from smoke, such as the driver of the motor vehicle was able to see the front door well and the steering gear accurately, and the driver of the motor vehicle was unable to drive under the influence of alcohol.

Nevertheless, the Defendant was negligent in neglecting the above duty of care and carried out as it was, and the Defendant took part of the Defendant’s driver’s vehicle following the Defendant’s driving Da (the age of 48) driving, which was under the influence of stopping at the bend.

After all, the Defendant suffered injury to the victim E (the 44 years of age, women) who is a partner of the passenger car with the victim C by the above occupational negligence, for about two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

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

1. Statement of the circumstances and report on the detection of such a driver;

1. Each written diagnosis;

1. Before judgment: References to criminal records and the application of Acts and subordinate statutes to criminal investigation reports;

1. Act on the Aggravated Punishment, etc. of Specific Crimes, as provided for in the relevant Acts concerning criminal facts;

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