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(영문) 창원지방법원밀양지원 2020.09.08 2020고단183
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 power] On March 7, 2007, the Defendant was issued a summary order of 500,000 won of a fine for a violation of the Road Traffic Act at the Busan District Court, and on June 9, 2016, the Defendant was issued a summary order of 5 million won of a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court's Seongbuk Branch Branch.

【Criminal Facts】

1. On March 18, 2020, the Defendant was under the influence of alcohol with a blood alcohol content of about 0.311% at the 3km section from the 2km area from the Bato the roads of the military, rather than from the 2km area at around 13:15 on March 18, 202, and driving a car.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) is a person engaging in driving a motor vehicle;

On March 18, 2020, at around 13:15, the Defendant was under the influence of alcohol with a blood alcohol concentration of 0.31%, and was under the influence of alcohol, and the Defendant was under the influence of driving the car, and subsequently, the Defendant was under the influence of driving the car, and was under the influence of driving the car, and the front road of the military C was under the influence of the

Since other vehicles are operated at this place, the driver of the vehicle has a duty of care to prevent accidents by properly manipulating the steering system and the steering system.

그럼에도 불구하고 피고인은 술에 만취한 상태에서 운전하면서 전방을 제대로 주시하지 않고 조향장치와 제동장치를 제대로 조작하지 못한 과실로, 마침 전방에서 진로를 양보하기 위해 정차하고 있던 피해자 E(44세) 운전의 F 포터2 화물차 뒷부분을 피고인의 승용차 앞부분으로 충격하여, 피해자의 화물차가 충격으로 인해 튕겨져 나가 회전하면서 그곳에 있던 가드레일을 충격하도록 하였다.

Ultimately, the defendant driving a car in a situation where normal driving is difficult due to the influence of drinking, and needs approximately three weeks of medical treatment to the injured party G(39 years of age) who is the cargo train of the injured party E and the injured party.

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