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(영문) 창원지방법원 거창지원 2019.08.14 2019고단163

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

Punishment of the crime

[criminal power] On May 25, 2012, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court branch on May 25, 2012; and on April 23, 2015, the same court issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

The defendant is a person who is engaged in driving a e-cub vehicle B.

At around 22:20 on April 13, 2019, the Defendant driven the said vehicle while under the influence of alcohol of 0.137%, and driven the said vehicle at 0.137%, thereby driving the said vehicle along the same one lane from the Daegu-gu Expressway to the Daegu-gu bank. However, the Defendant, while driving a motor vehicle, driven the motor vehicle at the front bank, driven the motor vehicle along the same one lane from the Daegu-gu bank to the Daegu-gu bank. While driving the motor vehicle, the Defendant, while driving the motor vehicle, driven the motor vehicle at the front bank, driven the motor vehicle by safely driving the motor vehicle at the road level and operated the brake system accurately, due to his occupational duty of care to prevent the accident by safely driving the motor vehicle, even though he was negligent in driving the motor vehicle while under the influence of alcohol to the extent that it is difficult to walk normally, caused the injury to the victim C (the 27 years old) who driven the said one lane and the motor vehicle at the front part of the victim C and the motor vehicle at the same port of the victim.

As a result, the Defendant again driven a motor vehicle under the influence of alcohol as a person who has violated the prohibition of drinking at least twice, and was driving a motor vehicle under the influence of alcohol, thereby causing injury to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report;

1. A traffic accident report, a survey report, and an accident site photograph;

1. Notification of the results of the drinking driving control;

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