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(영문) 창원지방법원 통영지원 2019.02.13 2018고단1456

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[criminal power] On October 12, 2006, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Changwon District Court’s Tongwon District Court’s branch on January 12, 2006, and on January 29, 2008, the same court was sentenced to a suspended sentence of two years for a crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Road Traffic Act (driving). On March 19, 2009, the Defendant was sentenced to a suspended sentence of four months for a crime of violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Refusal of measurement) at the Changwon District Court’s branch on May 16, 2013. On September 14, 2018, the Defendant was sentenced to a suspended sentence of two years for a special injury by imprisonment with prison labor for the same court on September 28, 2018.

【Criminal Facts】

1. Around 13:40 on October 1, 2018, the Defendant: (a) driven a f cargo vehicle under the influence of alcohol with a blood alcohol concentration of about 2km from the section of approximately 0.256% from the front of a restaurant in C cafeteria B to the front of a restaurant in D in the same city.

2. The defendant is a person engaged in driving freight cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

The Defendant, at the time and place specified in paragraph (1), driven the foregoing cargo vehicle in such a state that it is difficult to drive normally, such as under the influence of alcohol, disscepting, walking with snow, etc., while driving the said cargo vehicle in a state where it is difficult to drive normally, and led the said E-cafeteria to drive the road from B to lurcheon-do.

In this case, the driver has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brakes to the left side of one lane.

Nevertheless, the defendant is unable to drive normally under the influence of alcohol while neglecting this.