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(영문) 창원지방법원 2017.05.25 2016고단4410
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On November 29, 2016, the Defendant driven the above vehicle while under the influence of alcohol 0.143% during blood transfusion, and driven the above vehicle at the speed of 0.143% in Changwon-si, Changwon-ro, 493, the Defendant driven the road in front of the Seosan Postal Office, which is located in the direction of the friendly apartment, along the one-lane distance from the direction of the movement to the direction of the friendly apartment.

A person engaged in driving motor vehicles has a duty of care to accurately operate the steering direction and brake system of the motor vehicle and to prevent accidents in advance by safely driving the motor vehicle along the vehicle line.

Nevertheless, the defendant neglected to drive the vehicle in a situation where it is difficult to drive the vehicle in a normal condition, such as influoring red light on the face due to the above influence of alcohol and driving the vehicle over the two-lanes due to the negligence of not neglecting it, and driving the vehicle over the two-lanes, the defendant left the left side of the victim C(56 years old) driving, and received the part above the right part of the defendant's vehicle.

The Defendant, by such occupational negligence, suffered injury to victims E (PP) who were on board C’s vehicle for about two weeks, for whom approximately four weeks of medical treatment is required, respectively, for the victim E (PP) who was on board C’s vehicle.

Summary of Evidence

The application of Acts and subordinate statutes to the Defendant’s legal statement C and E’s written fact-finding report on the State driver’s circumstantial fact-finding report

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

6. Article 62 (1) of the Criminal Act on the suspension of execution;

7. The reason for sentencing Article 62-2 of the Criminal Act caused a traffic accident involving a person while driving alcohol for the reason of sentencing.

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