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(영문) 창원지방법원 2019.06.13 2019고단651
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

On May 4, 2012, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act in the Busan District Court's Dong Branch branch, and on October 17, 2016, issued a summary order of KRW 3.5 million as a fine at the Changwon District Court's same crime.

1. On January 4, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) driven a car with blood alcohol concentration of 0.151% at a speed of 0:20:0,000 and driven a car in front of the D store located in Benz E300 in Kimhae-si Kimhae-si, and proceeded at a speed of about 101.7 km per hour at a speed of 101.7 km depending on the distance of cryp from the cryp to the surface of the E hospital.

Since there was a road with a restricted speed of 60km per hour, a person engaged in driving a motor vehicle has a duty of care to observe the restricted speed, to properly see the front and rear left, to accurately manipulate the steering and brakes so as to prevent accidents in advance.

Nevertheless, the Defendant neglected this and her face with red, narrow, and walked, and showing the walking condition, and so it is difficult to drive the said vehicle normally due to the influence of drinking, and thus, was negligent in driving the said vehicle at a speed exceeding approximately 41.7 km per hour and driving the restricted speed by driving the vehicle at a speed exceeding 41.7 km in the same room, and received the back part of the victim FF (28 years old)'s GaM5 vehicle's top part of the Defendant's vehicle.

Ultimately, the Defendant, while driving the said benz car in a situation where normal driving is difficult due to influence of drinking, suffered injury to the victim F and the victim H (the age of 29) who was on board the said M5 car, such as salt ties and tension for about two weeks, respectively.

2. The Defendant violated the Road Traffic Act (driving) at around 00:20 on January 4, 2019, the blood alcohol concentration is 0.151% from the 1km section from the J front of the GJ located in Kimhae-si I to the front road of the D store located in C.

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