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(영문) 창원지방법원진주지원 2020.10.22 2020고단1081
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor 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

The Defendant is a person engaging in driving a low-speed car.

1. On April 30, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the said car while under the influence of alcohol level of 0.114% on April 30, 202, and driven the said car along the two-lane road near the Southern River Call Bureau, which is located in the opposite Dong at the time of Jinju, along the two-lane road from C to the boundary of the Southern River Call Bureau.

At night, there are many vehicles on the front side, so in such cases, there was a duty of care to reduce speed to those engaged in the driving of motor vehicles and to properly manipulate the brakes and steering gear and prevent accidents in advance.

Nevertheless, despite the fact that the Defendant is in an inaccurate situation, and even though it is difficult to drive a car normally due to the influence of alcohol, such as the walking of the pedestrian and the failure of memory of the situation at the time, the Defendant was driven by the victim D (Nam, 45 years old) who was at a speed to make a bypass in the front of the vehicle, and received the back part of the vehicle in front of the vehicle above.

As a result, the Defendant suffered, by such occupational negligence, the injury of salt, tensions, etc. to the victim F. (Nam, 45 years of age) who was on a burged car with a shoulder that requires approximately two weeks of medical treatment, and the Defendant suffered, respectively, the injury of the victim F. (Nam, 45 years of age) who was on a burged car with a light that requires approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving a sound driving) at the time and time set forth in the preceding paragraph, driving the said low-speed car at the 5km section of approximately 0.114% alcohol concentration from G apartment to the Corporation located in the opposite Dong in Jin-si via J apartment at Jin-si at the time of Jin-si.

Summary of Evidence

1. Statement of the police concerning D's legal statement of the defendant;

1. A written statement;

1. Each written diagnosis;

1. The actual survey report and photographs related to accidents;

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