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(영문) 창원지방법원 거창지원 2021.02.17 2020고단276
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving service of low-to-low-to-low (the amount of flag: 125C).

On September 28, 2020, the Defendant driven the above Oba while under the influence of alcohol content of 0.222% from blood transfusion around 20:17, and continued the intersection of the private distance in front of the C pharmacy located in the Gyeong-gun, Chungcheongnam-gun, Gyeongnam-gun, to the north bank of the Changdong school from D church.

At night, the road at which the center line is located was the intersection of a private distance. In such a case, the driver of the motor vehicle had a duty of care to accurately manipulate the steering direction of the motor vehicle and prevent the accident by accurately manipulating the steering direction and brakes of the motor vehicle.

Nevertheless, the Defendant neglected to perform his duty of care as seen above in a situation where normal driving is difficult due to influence of drinking, such as snow snowing and photographing, leaving a face, and failing to walk properly, and lost balance while driving due to negligence that failed to properly operate the steering direction and brakes, and in excess of the median line, got the front wheels part of the driver's license, and thereby, the Defendant's driver's license came to go beyond the road.

As a result, while driving the Oral Ba in a situation where normal driving is difficult due to the influence of drinking, the Defendant suffered from the injury of the victim E (19 years old) who is the passenger of the Oral Ba, by negligence in the course of performing the above duties, such as the clifal salt, tension, etc. requiring approximately two weeks medical treatment.

2. The Defendant is under the influence of alcohol level of 0.22% in blood alcohol level without a driver’s license, and the Defendant is under the influence of alcohol level of 0.22% in the field of approximately 50 meters in approximately 500 meters in the direction from G in the Gyeongnam-gun F to C’s front private distance intersection in the Gyeongnam-gun.

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