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(영문) 창원지방법원마산지원 2020.09.11 2020고단616
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and two 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 June 20, 201, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) in the Jinwon District Court’s Jinju branch on June 20, 201.

【Criminal Facts】

1. On March 27, 2020, the Defendant, who is engaged in driving of the amburged vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Defendant driven the said vehicle under the influence of alcohol level of 0.136% on blood alcohol level at around 01:30 on March 27, 2020, and driven the road at a point of 500 meters prior to that of the amburged intersection along the south-gu coast of the Changsi-gu, Changwon-si.

It was a road with a restricted speed of 80km or less per hour, at night, it was difficult for a low speed road to stop. Since the road was a bend section, the driver of the vehicle had a duty of care to observe the restricted speed and to ensure the right and the right and the right of the vehicle, to accurately manipulate the electric direction and the right and the right of the road and to prevent accidents in advance.

Nevertheless, the Defendant neglected to perform the above duty of care in a state where normal driving is difficult due to influence of drinking and went to a speed of 158 km per hour while driving the steering gear at a speed of 158 km, and got the central separation zone due to the negligence that failed to operate the steering gear properly, and due to the shock, the part of the back of the E-Korean cruise vehicle of the victim D(44 years old) who was driving in a two-lane.

Ultimately, the Defendant suffered from the victim D and the victim F, who was the same passenger of the cruise vehicle, by the foregoing occupational negligence, approximately two weeks of medical treatment.

2. Around 01:30 on March 27, 2020, the Defendant driven the said Aburged vehicle under the influence of alcohol by 0.136% at a section of about 20km from the main station near the Seongbuk-gu, Changwon-si to the place indicated in paragraph (1).

Accordingly, the defendant is not less than twice the prohibition of drinking driving.

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