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(영문) 창원지방법원통영지원 2020.11.12 2020고단977
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) (hereinafter “Aggravated Punishment, etc.”) led the Defendant to drive a body car into D while under the influence of alcohol with a blood alcohol concentration of 0.176% from the direction of the ridge to the direction of the C Hospital located in B on May 19, 2020.

At the time, it is night, and there is an intersection, and in such cases, there was a duty of care to prevent accidents in advance by accurately manipulating the brake system if there is a vehicle in front and in signal.

Nevertheless, the Defendant neglected this and failed to properly operate the brake system under the influence of alcohol, and caused a fK3 car driven by the victim E (V, 29 years old) in the front bank of the Defendant.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the said victim, such as salt, tension, etc. of the necessary 2-day medical treatment for the said victim, and suffered injury to the victim G (Nam, 24 years old) who was on the said K3 car, for about two weeks of medical treatment.

2. On June 15, 2010, the Defendant received a summary order of KRW 3 million as a fine of KRW 1 million for a violation of the Road Traffic Act in the Changwon District Court’s branch court’s branch court, and on October 8, 2012, the same court issued a summary order of KRW 2 million as a fine of KRW 1 million for a violation of the Road Traffic Act.

Although the Defendant had a record of violating the prohibition of drunk driving as above, the Defendant driven a D body car in the state of drunk alcohol 0.176% from the 1km section from May 19, 2020 to the place indicated in paragraph (1) on the I cafeteria, which was located in H on May 19, 2020.

Summary of Evidence

1. Two copies of the written diagnosis of the defendant's legal statement, statement, traffic accident occurrence situation, and diagnosis; and

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