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(영문) 창원지방법원 2019.08.22 2019고단1293
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and two 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 November 15, 2007, the Defendant received a summary order of KRW 2 million for a crime of violating the Road Traffic Act (driving) from the Changwon District Court’s branch on November 15, 2007, and on August 8, 201, the Changwon District Court received a summary order of KRW 4 million for a crime of violating the Road Traffic Act (driving).

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a B liquid sports car.

On March 23, 2019, at around 20:05, the Defendant driven the said car while under the influence of alcohol with 0.297% of alcohol concentration 0.29%, and driven it in front of D in the Jinhae-gu Seoul Special Metropolitan City, the Defendant was driving in one lane between the two-lane roads from the surface of the Kanwon Welfare Center to the raw distance outflow.

At that time, there is a bus stop, and at that time, the bus was parked in order to allow passengers to board. In such a case, there was a duty of care to prevent accidents in advance by safely driving the vehicle by driving the vehicle, such as making it well known to the driver of the vehicle, and accurately operating the steering wheel and brakes.

Nevertheless, under the influence of alcohol, the Defendant was under the influence of alcohol and was under the influence of the victim E (the age of 52) who was standing at the front of the running direction of the Defendant due to the negligence of the Defendant, and received the back part of the F Bus that was driven by the victim E (the age of 52).

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and sustained injury to the victim E, such as a rash, which is not an open boom for two weeks of medical treatment, and suffered injury to the victim G (V, 26 years of age), who is a passenger of the said bus, for about three weeks of medical treatment.

2. The defendant violates the Road Traffic Act (driving) from the date and time crossing specified in paragraph (1) of this Article, and from the roads front of the I convenience store located in J at Chang-gu, Changwon-si to the same Gu C of the same Act.

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