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(영문) 창원지방법원 2020.12.17 2020고단3547
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

1. 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 B rocketing car.

On September 22, 2020, the Defendant driven the above vehicle while under the influence of alcohol of 0.136% of blood alcohol concentration on September 11, 2020, while driving it at the same time, and driving it at the 5-lane from the dong Underground Road intersection of the education complex distance in the front of Sungwon-si, Sungwon-si, Sungwon-si, the Defendant turned it to the D Changwon original factory, along the five-lanes.

At this point, there was a center line of yellow solid lines, and the vehicle traffic was frequent, so there was a duty of care to safely circumvent by observing the central line by accurately manipulating the front line and the left and the right and the right and the right and the right and the right and the right and the right and the right and the right and the steering system.

Nevertheless, under the influence of alcohol, the Defendant neglected to keep the left-hand turn at the center line of the direction of the Defendant’s proceeding due to the negligence of overpassing the center line and neglecting it, and received the front part of the left-hand turn-hand turn-hand turn-hand turn-on by the victim E (Ae., 53 years old) driving.

As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as light fluoral salt, which requires approximately three weeks of medical treatment.

2. On May 8, 2015, the Defendant received a summary order of KRW 1 million as a fine for a crime of violating the Road Traffic Act from the Changwon District Court on the grounds of the violation of the Road Traffic Act.

At around 22:10 on September 11, 2020, the Defendant driven B rocketing car under the influence of alcohol content of about 2 km from around 22:17 on the same day from the front of the H cafeteria located in the window G of Changwon-si, Changwon-si to the front education complex distance intersection of Sungwon-si, Sungwon-si, the Defendant driven B rocketing car with a blood alcohol content of about 0.136%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of the victim;

1. The actual condition survey report, photographs, and the circumstantial statement of a host driver;

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