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(영문) 창원지방법원 2020.05.07 2020고단152
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 27, 2006, the Defendant received a summary order of KRW 1 million from the Changwon District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 10 million from the same court on December 16, 2019 to a fine of KRW 10 million for the same crime.

1. On November 29, 2019, the Defendant driven a ENAS car in the state of alcohol alcohol leveling 0.158% from the 1km section from the “C” road located in Kimhae-si B to the road located in the same city D, around November 20, 2019.

2. The defendant is a person engaged in driving a motor vehicle as set forth in paragraph (1) of the Aggravated Punishment, etc. of Specific Crimes.

The defendant driving the above vehicle in the temporary border as described in paragraph (1) and driving the two-lane road in D in Kimhae-si, Kim Jong-si, along two-lanes from B to B.

At the time, there is a duty of care to prevent accidents by complying with the car line and speed limit and operating the steering system accurately by operating the steering gear and operating the steering system, since it is night, and the restricted speed is 70 km speed at a speed.

Nevertheless, under the influence of alcohol as stated in Paragraph 1, the Defendant neglected this as well as the Defendant’s negligent flabing over a speed exceeding 75 km per hour. However, the Defendant received the back portion of the victim F (the age of 42)’s driving prior to the same lane as the Defendant’s vehicle’s upper part of the victim F (the age of 42) drive.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc., for about three weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A report on the occurrence of a traffic accident, photographs, and a net survey report;

1. Notification of the control results of drinking driving, and a report on the circumstances of drinking drivers;

1. Diagnosis certificates and EDR analysis results: 1. Mao-si Gong.

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