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(영문) 창원지방법원 진주지원 2018.09.19 2018고단759

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) and is engaged in driving of a motor vehicle with soflurd C.

On May 5, 2018, the Defendant driven the said car with alcohol content of 0.204% 0.204% while under the influence of alcohol during blood transfusion around 13:40 on May 5, 2018, and continued to drive it on the backway in front of the “E” convenience point located in Gyeongnam-gun, Namnam Sea.

In such cases, a driver of a motor vehicle is prohibited from driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and there was a duty of care to accurately operate the steering direction and brake system of the motor vehicle and to safely proceed with it.

Nevertheless, the Defendant neglected to drive a motor vehicle under the influence of alcohol in a state where the walking is in an inaccurate, inaccurate, and it is difficult to drive the motor vehicle normally, and due to the negligent negligence, which led to the Defendant’s temporary stop at the back of the motor vehicle, the front part of the victim F (49 years old) drive, which was faced with the top part of the motor vehicle of the victim F (49 years old).

Ultimately, due to the above occupational negligence, the Defendant suffered injury to the victim H (V, 48) who is the passenger of the above victim and the damaged vehicle, each of which requires approximately two weeks medical treatment.

2. On March 14, 2007, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act (drinking driving), etc. at the Changwon District Court's Jinju branch on the ground of a violation of the Road Traffic Act (drinking driving), and on October 8, 2013, the court issued a summary order of KRW 2 million for the same crime, etc.

The Defendant, as described in the preceding paragraph, driven a motor vehicle of about 300 meters from “J branch” to “E” in “E” located in the Republic of South-west Sea I at the time of the same day, to the front road of “E” in “E” located in the Republic of Korea: (a) while under the influence of alcohol at about 0.204% during blood, and violated the Road Traffic Act by driving alcohol at least twice.