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(영문) 창원지방법원 2020.06.30 2020고단756
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 cars BM5

On September 2, 2019, at around 05:50, the Defendant driven the said vehicle in a state that it is difficult to drive under normal conditions, such as blood color, red, and non-distance, with a large drinking alcohol concentration of 0.125%. On September 2, 2019, the Defendant driven the said vehicle, and proceeded in the direction of the D Center in the direction of the Ansan-gu Seoul Metropolitan City in the direction of the spreading distance along the two-lane near the city of Changwon-si in the middle of the two-lane.

At the time, the new wall time is high and the road is sucked and the view is sucked, so in such a case, there was a duty of care to prevent accidents in advance by driving people by taking well into account the movement of other vehicles in the process of reducing speed and driving time.

Nevertheless, due to the negligence of being driven by the Defendant while under the influence of alcohol, the Defendant received the part on the left-hand panion part of the F Spath vehicle driven by the victim E (the age of 47) in the front side of the Defendant vehicle as the front-hand panion part of the Defendant vehicle.

Ultimately, the Defendant driven the Defendant’s vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victimE, such as the left-hand water control unit, etc. in need of treatment for about two weeks, and the victim G (V, 54 years of age) of the said spathy area in need of treatment for about two weeks.

2. On September 2, 2019, at around 05:50 on September 2, 2019, the Defendant driven BM5 vehicle while under the influence of alcohol content 0.125% at the section of approximately 500 meters prior to the front of the road at the PO box located in J in J in Chang-gu, Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Reports on the occurrence of traffic accidents, actual condition investigation reports, photographs, and the circumstantial statement of the driver;

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