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(영문) 창원지방법원 통영지원 2017.08.17 2017고단862
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 23, 2015, the Defendant received a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) from the Changwon District Court through the Changwon District Court on February 23, 2015, and a summary order of KRW 4 million for the same crime in the same court on May 27, 2016.

Criminal facts

1. On April 12, 2017, the Defendant: (a) was driving a C Poter while under the influence of alcohol for about 0.151% of alcohol while under the influence of alcohol without obtaining a driver’s license, from the road near a construction enterprise located in the Gosung-gun, Gosung-gun, Gosung-gun, Gosung-gun (Seoul); (b) up to the Korean Ambassador distance in the same Eup/Myeon, the Defendant driven a C Poter while under the influence of alcohol for about 1km without obtaining a driver’s license.

As a result, the Defendant violated the prohibition on drinking at least twice, and drives a motor vehicle without obtaining a driver's license in a drunken state in violation of the above provision.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) driven the said vehicle while driving it is difficult to drive it normally due to the difficulty of driving it, such as influence of alcohol content of 0.151% during the day and the day specified in paragraph (1), with red, irregular, and walking, while driving the said vehicle at a speed of 0.151%, and driving the three-lane of the street of Ambassador distance, which is located on behalf of the head of Sungsung-gun, Sungsung-gun, Jin-gun, in the direction of the Simsan City.

The Defendant, under the influence of alcohol, was negligent in the operation of the operation of the operating system of the above vehicle, and the part of the Defendant’s cargo vehicle in front of the freight truck, followed the victim D (50 cc) who was waiting in the front of the Defendant’s vehicle, followed the E-ray vehicle in front of the Defendant’s vehicle, and faced with the victim F (50 cc) with the shocking vehicle, while driving the E-ray vehicle in front of the Defendant.

Ultimately, the Defendant driving the said vehicle in a situation where normal driving is difficult due to the influence of drinking, and let the victim D receive approximately two weeks medical treatment.

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