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(영문) 창원지방법원 2020.11.18 2020고단3097
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment for three years from the date of the final judgment.

Reasons

Punishment of the crime

On March 10, 2010, the Defendant issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act at the Busan District Court.

Criminal facts

1. Around 21:00 on July 28, 2020, the Defendant driven BMW car under the influence of alcohol concentration of about 0.143% at a section of about 1km from the 1km-gu, Changwon-si, Sungwon-si to the roads in front of the large radiation distance, along with the window of the Sungwon-si, Changwon-si.

Accordingly, the Defendant violated the prohibition clause under the influence of alcohol not less than twice.

2. Around 21:00 on July 28, 2020, the Defendant was driving BMW car in the direction of the bM car in the shooting distance from the front city of Changwon-si, Changwon-si, Seoul Special Metropolitan City.

At the time of the defendant's front time, the DGV80 car driven by the victim C(30 years of age) stops in the signal atmosphere, so in such a case, the driver had a duty of care to avoid accidents due to the operation of the brake system properly.

Nevertheless, the Defendant neglected this, while driving a string in the state of red color under the influence of alcohol, as described in Paragraph 1, received the rear part of the said GV80 car as the front part of the said GV80 car due to the negligence of driving the string, and due to the shock, the said GV80 car was pushed forward in the future, and the said GV80 car was driven by the victim E (36 years old) who stops in the front side of the said GV80 car in the direction of the signal signal at the front side of the said GV80 car.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and driving the motor vehicle for about two weeks, and inflicted injury on the victim C such as salt, tensions, etc., which requires approximately two weeks of medical treatment.

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