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(영문) 창원지방법원거창지원 2020.12.02 2020고단215
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On July 24, 2018, the Defendant was given a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) in the Changwon District Court’s branch on July 24, 2018.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a B rocketing car.

On August 29, 2020, the Defendant driven the said car with a blood alcohol level of 0.218% at around 20:06, while under the influence of alcohol, and led to the intersection-lane in 136, Gohap-gun, Gohapcheon-gun, Gohap-gun, Incheon, to proceed from the beginning of the intersection to the C market.

In this case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle, such as complying with the signal and passing on the right side of the central line, and to safely drive the motor vehicle, such as operating the motor vehicle along the train, operating the brake in a manner that properly enables the operation of the electric and the right side of the motor vehicle to prevent the accident in advance.

Nevertheless, the defendant neglected his duty of care in the situation where normal driving is difficult due to influence of drinking, such as drinking, while he neglected his duty of care in a state where normal driving is difficult due to influence, and due to the negligence of the victim D(31 years old) who was under normal driving in the direction of the defendant's driving, the front part of the motor vehicle in front of the victim D(31 years old) which was driving in the direction of the defendant's driving.

Ultimately, while driving the said car in a situation where it is difficult to drive the car normally due to influence of alcohol, the Defendant suffered from the injury of the victim D or the victim F (the victim F (the 32 years old), who is the passenger of the said vehicle, by negligence in the course of business as above, for about two weeks of medical treatment.

2. The defendant has violated the duty of prohibition of driving under the influence of alcohol.

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