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(영문) 창원지방법원 통영지원 2020.07.28 2020고단512
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2012, the Defendant was sentenced to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) in the Changwon District Court’s branch on August 23, 2012, and a fine of KRW 3 million due to a violation of the Road Traffic Act (driving) in the same court on August 25, 2008.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a B-learning

On February 28, 2020, the Defendant, while under the influence of alcohol by 0.115% of the three-lanes in front of the D signal belt D in Yong-si, Si, 19:35, two-lanes, one of the three-lanes of blood alcohol content, was driven from the erogate of the common ditch.

A driver of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and in such a case, there was a duty of care to make sure that another motor vehicle is in a state where other motor vehicles are waiting for signal at the front side and to accurately operate the steering gear, brakes, etc., and to safely drive the motor vehicle and prevent the accident in advance by safely operating the motor vehicle.

Nevertheless, due to the negligence that the Defendant was unable to accurately operate the brakes, etc. due to driving on a roadside while being under the influence of alcohol, the Defendant was driven by the victim E (Nam, 50 years old) who was standing in the front direction while driving at a two-lane from the two-lane to the two-lane, and was driven by the victim E (Nam, 50 years old) in the front direction of the vehicle of the Defendant.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim, such as salt, tensions, etc. in need of treatment between approximately two weeks.

2. Violation of the Road Traffic Act (LA) is 0.0% of the blood alcohol concentration from the 4km section from the roads in front of the H cafeteria located in G at a temporary through the same time as the preceding paragraph to the D signal belt located in Tong Young-si C.

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