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(영문) 창원지방법원 통영지원 2019.03.07 2018고단872
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] The Defendant: (a) on May 14, 2009, a fine of two million won for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Tong-gu branch on May 14, 2009; (b) on February 23, 2015, a fine of five million won for the same crime at the same court on February 23, 2015; and (c) the same year.

8. 21. The same court was sentenced to a suspended sentence of two years for the same offense, etc.

【Criminal Facts】

The defendant is a person who is engaged in driving a BP car.

1. Around 21:20 on April 30, 2018, the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol concentration of 0.159% at a section of about 800 meters in front of a restaurant located in Tong-si C, through through through Dong-si, in front of the same city.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driven by the Defendant under the influence of alcohol at the time and time set forth in Paragraph 1, while driving the said car in a state where it is difficult to drive the car normally, such as influorous, unsing, walking, red, etc., and driving the said car, and driving the two-lane road in front of the F in front of the said F in a two-lane way from the front side to the front side

In this case, the driver has a duty of care to operate direction direction, etc. to give notice of change of course, and to change the car line safely by making the traffic situation of the front and rear left-hand.

Nevertheless, the Defendant neglected to do so, and by the negligence of changing the course as in the above, went to the two-lane of the above road due to the negligence of changing the course as in the above, received the above front part of the port side of HK5 car driving by the victim G.

Ultimately, the Defendant is unable to drive normally due to the influence of drinking.

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