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(영문) 창원지방법원 진주지원 2020.04.21 2020고단223

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On April 12, 2010, the Defendant was issued a summary order of KRW 2.5 million as a crime of violating the Road Traffic Act (driving) in the Jinwon District Court’s Jinju branch.

【Criminal Facts】

The defendant is a person who is engaged in driving a PPP car.

1. Around 00:45 on December 19, 2019, the Defendant driven the mar car under the influence of alcohol with approximately 10km in the section of about 10km from Da to 107km in the south Sea Highway located in the Masan-si, Changwon-si, Masan-si, Gyeongnam-gun, Gyeongnam-gun, to the 107km in the south Sea Highway, and driving the mar car under the influence of alcohol content of 0.138% in the influence of alcohol.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the Defendant to drive the mar car above the mar while under the influence of alcohol, such as Paragraph 1 of the same Article, along the two-lanes of the two-lane 107 km away from the south Sea Highway located in the Hacheon-gu, Hacheon-gun, Chungcheongnam-do.

At the time, there was a duty of care to care for those engaged in driving at night, and to prevent accidents by accurately manipulating steering devices and brakes.

Nevertheless, the Defendant, under the influence of alcohol, while driving the said vehicle in a state where normal driving is difficult, was driven by the victim E(the age of 47) driving in the front direction while driving the said vehicle, and took the back part of the Fststring Motor Vehicle driving in the front part of the said wave vehicle, and caused the victim to suffer injury, such as catum salt, which requires approximately one week medical treatment.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking or drugs, thereby causing injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Survey report on actual condition, report on the control results of drinking driving, and report on the actual state of drinking drivers;

1. A medical certificate;

1. Photographss related to the traffic accident, booms, video-recording photographs;

1. A previous conviction in judgment: