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(영문) 창원지방법원 통영지원 2017.07.19 2017고단685
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. The Defendant is a person who is engaged in driving a motor vehicle B that is in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On May 5, 2017, the Defendant driven the said car in a state where it is difficult to drive it normally due to the influence of alcohol level of 0.108% during blood transfusion 0:30% on May 5, 2017, and driven the two lanes in front of D in C at the time of Gyeongnam-si, and driven the two lanes in the direction of the high speed market at the intersection of the two-lanes at the port of the high speed.

In this case, the driver has a duty of care to safely operate the steering system by properly operating the steering system and steering the steering system.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and neglected to proceed as it is, received a part of the Defendant’s behind the passenger car in Ftiballa of the Victim E (FT, 58 years old) driving in the front bank.

As a result, the Defendant suffered injury to the above victim by negligence in the course of performing the above duties, such as the entrance, exit, etc. requiring approximately two weeks medical treatment.

2. On May 5, 2017, the Defendant: (a) driven a B SP car at the section of about 10 km from the entrance of the entrance of the Sung-ri Ga to the front day of the G in the Gyeongnam-si, under the influence of alcohol level of 0.108% among the blood alcohol level around 20:30 on May 5, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A medical certificate;

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

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, and application of Acts and subordinate statutes to report the situation of the driver;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

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