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(영문) 창원지방법원 2016.10.13 2016고단2429

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not more than ten 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 July 1, 2010, the Defendant was sentenced to a fine of KRW 700,00 for a violation of the Road Traffic Act (driving) in the Changwon District Court's Smuggling on July 1, 2010, a fine of KRW 700,000 for a violation of the Road Traffic Act (driving) in the same court on February 2, 2012, and a fine of KRW 5 million for a violation of the Road Traffic Act (driving) at the Changwon District Court on October 7, 2013, respectively.

The defendant is a person who drives a fixed-wing cargo vehicle C.

1. On May 29, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the above cargo vehicle while under the influence of alcohol of 0.241% on blood alcohol concentration on May 23, 2016, and led the road of 79 lanes of the national highways 1060-1 located on the north of the window of Changwon-si, New Village 1060-1 along the two-lane distance away from the boundary of the public playground of North Korea.

In such cases, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents by accurately manipulating the steering gear and steering devices.

Nevertheless, the Defendant neglected to do so and found the IMFco driven by D in the front bank due to negligence, which was driven by D in the front bank by the negligence of failing to live well in the front bank, late later, and avoided to the right side of the F towing vehicle, and received the back part of the towing vehicle, and received the back part of the towing vehicle in the future due to its shock.

Ultimately, the Defendant, while driving the said cargo in a situation where normal driving is difficult due to the influence of alcohol, was injured by the victim G (the age of 29) who was on board the steering boat of the towing vehicle for about two weeks, such as the salt, tension, etc. of the trend requiring treatment for about two weeks.

2. Violation of the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) are located in 39, 000,000,000 n.e., n. n. n. n. n. n. n. n. n. n. n. n. n. k