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(영문) 창원지방법원 통영지원 2018.07.04 2018고단522
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment 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

[criminal history] On August 18, 2008, the Defendant received a summary order of a fine of KRW 1.5 million for a crime of violating road traffic law (drinking) from the Changwon District Court’s branch on September 26, 2014; a fine of KRW 7 million for the same crime in the same court on September 26, 2014; and a fine of KRW 6 million for the same crime in the same court on May 19, 2015, respectively.

[Criminal facts] The Defendant is a person who is engaged in driving a car Bsch Rex ES350.

1. On January 31, 2018, the Defendant driven the said vehicle under the influence of alcohol content of about 0.121% from the section of approximately 200 meters, from the road front of the public parking lot C at the same time D, to the front road, at around 22:5 occath on January 31, 2018.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

2. The Defendant violated the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (hereinafter “Aggravated Punishment of Specific Crimes”) by driving the said vehicle in a state where it is difficult to drive the vehicle normally under the influence of alcohol, with a large walking range of walking, red, etc., while driving the said vehicle in a state where it is difficult to drive the vehicle normally, and led the said E-distance crossing from the border of the Ropo-dong E-dong E-dong Electronic Ireland.

Since there is a long-distance intersection with a central line, there was a duty of care to thoroughly operate the driver in the front line and safely drive the vehicle.

Nevertheless, in order to turn to the left at the opposite side of the defendant's moving direction of the signal crossing due to negligence of neglecting the front speed of the front line and overcoming the center line, the defendant was under the influence of alcohol, and received the part of the left side of the victim F(23 Do)'s Gsch driving in the signal waiting in order to turn to the left at the opposite side of the defendant's moving direction.

Ultimately, the Defendant is unable to drive normally due to the influence of drinking.

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