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(영문) 창원지방법원 2019.04.26 2019고단245
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for ten months and a fine of one hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On November 20, 2018, the Defendant was driving a DNA coo vehicle under the influence of alcohol with about 10k alcohol concentration of about 0.285% from the 10km section to the roads in front of the drinking house in which it is impossible to identify the trade name located in the Gangseo-gu Busan Metropolitan City on November 20, 2018.

2. The Defendant in violation of the Road Traffic Act is a person engaged in driving a cuss car as set forth in paragraph 1.

On November 20, 2018, the Defendant driven the said car under the influence of alcohol, as described in Paragraph 1, around November 20, 2018, and led to the direction of Kim Jong-ri from the direction of the Southern Park.

Since the location is parked by the edge of a road, there was a duty of care to prevent accidents by driving safely, such as accurately operating the steering gear, brake system, etc. of a person engaged in driving.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving while driving the vehicle, and the left part of the G Poter Cargo on the left part of the passenger car owned by the victim F, who was parked at the edge of the road in the direction of the progress of the Defendant.

Ultimately, the Defendant did not immediately stop the vehicle of the victim and did not take measures to provide personal information to the victim, even though the Defendant damaged the vehicle of the victim with the repair cost of KRW 873,988, such as exchanging the back of the loading box by occupational negligence as above.

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a Cub car in paragraph (1);

On November 20, 2018, at around 11:40, the Defendant, as described in paragraph (1), was under the influence of alcohol 0.258%, was unable to drive the said vehicle in a state where it is difficult for the Defendant to drive the vehicle normally due to influence of alcohol, such as rupture snowing.

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