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(영문) 창원지방법원 통영지원 2021.02.03 2020고단1061

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

On March 6, 2019, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 1.5 million due to a violation of road traffic laws (drinking) in the Changwon District Court’s Tong-gu branch branch on March 6, 2019, and a summary order of KRW 1.5 million with the same court on September 9, 2019.

1. Around July 15, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Hazardous Driving) driven by B and III cargo vehicles, driving at B, and driving at the speed of about 30km from E to F elementary school.

Since the place is where the center line of yellow domin line is installed, there was a duty of care to thoroughly see the frontline of the vehicle so that a person engaged in driving duty does not intrude the center line, while to accurately operate steering devices, brakes, and other devices.

Nevertheless, the Defendant, while under the influence of alcohol, was unable to walk properly and is influorily and influorily, committed a central line by negligence while under the influence of due diligence and physical exercise ability, and the Defendant was faced with the center line by negligence while driving at the opposite lane. The Defendant was able to receive from the driver’s seat of H G80 driving to the upper part of the upper part of the Defendant’s vehicle, which was driven by the victim G(WW80, 56 years old) who was driving on the opposite lane.

As a result, the Defendant driven in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt, tension, etc., in need of medical treatment for about two weeks.

2. Although the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless Driving) had the record of violating the prohibition of drinking alcohol driving as above, the Defendant was at approximately 50 meters from the front of the E-on-road to the front of the “Dcafeteria” road located in Tong-si C at the time of the day indicated in the preceding paragraph, and was at least 0.291% of alcohol while under the influence of alcohol while under the influence of alcohol.