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(영문) 창원지방법원 2020.12.09 2020고단2804

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by a fine of 12,000,000 won.

When the defendant does not pay a fine, 100,000 won.

Reasons

Punishment of the crime

1. Around August 21, 2020, the Defendant violated the Road Traffic Act (driving a sound driving) driving at around 21:30 on August 21, 2020, the Defendant driven a Frop vehicle with a blood alcohol content of about 0.225% in the section of approximately 3km from a public parking lot near the “C” restaurant located in Kimhae-si B to the Erop station located in D of the same city.

2. The defendant is a person who is engaged in driving of a high-speed vehicle as provided in paragraph (1) of this Article;

The Defendant driven the above vehicle while under the influence of alcohol, such as the time and time stated in paragraph (1), and driven the front road of the oil station listed in paragraph (1), along the three-lane distance from the side of the G Building, along the three-lane distance from the ridge.

At the time of the defendant's vehicle, the I-learning car driven by the victim H(W, 43 years old) had a duty of care to prevent accidents by accurately manipulating the brake system in front of the defendant's vehicle.

Nevertheless, in a situation where normal driving is difficult due to influence of drinking, the Defendant violated the above duty of care and received the back-hand part of the passenger car due to occupational negligence, which took a speed pedal other than the brake, as the front-hand part of the Defendant’s vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the above victim H, such as chromosomes and tensions that need to be treated for about three weeks, and inflicted injury on the victim J (50) who was on board the above flading passenger car, such as cloaks and tensions that need to be treated for about three weeks, and inflicted injury on the victim K (13 years of age) on the cloaks and tensions that need to be treated for about two weeks, and suffered from the victim L (10 years of age) with the cloaks and tensions that need to be treated for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual condition of traffic accidents, and the investigation report;