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(영문) 창원지방법원 진주지원 2017.02.15 2016고단1184
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

On July 3, 2009, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court's Jinju branch on July 3, 2009, and on July 2, 2013, the same court issued a summary order of KRW 1.5 million as a fine for the same crime.

1. On July 2, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving a 4-lane road in front of the point 91.4km in the area of the Highway, Busan, under the influence of alcohol content of 0.176% in blood, while driving a BN city car in the direction of about 140 km in Busan, the Defendant changed the lane from the 1,000 cubic surface to the Busan, while driving the BN city car in the direction of 0.176% in alcohol content.

In case of changing course of a vehicle, a driver of the vehicle has a duty of care not to change course when it is likely to impede normal traffic of other vehicles running in the direction of the change.

Nevertheless, under the influence of alcohol, the Defendant has been driving in a two-lane, due to the negligence of rapidly changing the course from the three-lanes to the two-lanes.

C(30) Driving Doz. D. D. K7 Sheet part of D. D. D. Sheet part of D. D. Sheet part of D. D. Sheet part of D. D. Sheet.

As a result, the Defendant, while driving the said No.N. car in a situation where normal driving is difficult due to influence of drinking, suffered injury to the victim C, such as salt, tensions, etc. of the chill that requires a two-day medical treatment, and injury to the victim E (30 years old) who was on the said K7 car, such as light dump, tensions, etc. in need of a two-day medical treatment.

2. Violation of the Road Traffic Act (drinking driving) by the Defendant on the same day: (a) the blood alcohol concentration is 0.0 percent away from the section corresponding to about 50km prior to a point 115 km away from the front of the restaurant of Man-gun, Gyeong-gun, Gyeong-gun, Gyeongju-si, Gan-si, Busan, to the front of the road at a point 115 km away on the highway.

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