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(영문) 창원지방법원 2018.11.30 2018고단2794
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while under the influence of alcohol level 0.192% in blood, was driven on October 2, 2018, at around 12:50, the Defendant driven a 4-lane-distance road in front of the Dog-ro of Changwon-si, Changwon-si on October 2, 2018, and led to the direction of the luxal plaza in the direction of the Dog-si square.

At this point, there is a center line of yellow-ray, so in this case, the driver of the vehicle has a duty of care to properly operate the brakes by properly manipulating the brakes while living well in the front.

Nevertheless, under the influence of alcohol, the Defendant neglected to perform his/her duty at all times and failed to properly operate the brakes, and led to the shock that caused the collisions part of the motor vehicle installed at the center of the road with the left edge of the above wing and the body of the above wing and the motor vehicle loaded at the center of the road due to the shock that caused the collisions of the above wing and the motor vehicle to the left side, while driving the motor vehicle at the center of the central line by the negligence of driving the motor vehicle on the wing and driving the motor vehicle on the opposite direction, and continued to proceed without shocking and stopping the motor vehicle on the left side of the above wing and the rear end of the above wing and the driver of the victim F (51 Do) who was proceeding behind the above wing and 520 motor vehicle.

As a result, the Defendant driven the above-wing truck in a state where normal driving is difficult due to the influence of drinking, and suffered from the victim D such spatitis spons, etc., which requires two-day medical treatment, and the victim F, with approximately two weeks of light spatitis spons, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to the actual survey report;

1. Article 148-2 (2) 2 and Article 44 (1) of the Traffic Act, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 268 of the Criminal Act concerning the crime;

1. The Commercial Concurrent Crimes Act.

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