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(영문) 창원지방법원 마산지원 2018.11.27 2018고단924
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 three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person who is engaged in driving a rocketing car.

1. On September 2, 2018, the Defendant driven the said vehicle under the influence of alcohol content of about 0.239% in the section of about 200 meters from the road near the bridge located in the Yan-dong, Chang-gu, Changwon-si, Changwon-si to the front road of the Yanpo-gu, Changwon-si to the same non-road street.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) the Defendant driven the said car in front of D in Changwon-si, Changwon-si C at the time of the day set in paragraph (1) and proceeded at a speed that is impossible to identify one lane among the two-lanes in the face of the land-head plaza from the south of the bridge at the seat of the C.

A person engaged in driving of a motor vehicle has a duty of care not to drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and due to the time of the accident, there was a duty of care not to drive the motor vehicle in advance by safely driving the motor vehicle, such as reducing speed and accurately operating the steering and brakes by checking the traffic situation well.

Nevertheless, the Defendant neglected to do so and thereby was negligent in driving in such a situation that it is difficult for the Defendant to walk normally due to the influence of alcohol 0.239% during blood and make it difficult for the Defendant to walk normally due to the occurrence of an accident, and failure to memory the situation at the time of the accident. As part of the front part of the said vehicle, the Defendant suffered injury, such as “hume chills and tension,” which requires approximately 2 weeks of treatment to the victim E, and suffered injury, such as “hume chills and tensions,” which require approximately 3 weeks of treatment to the victim G who was on board the rear seat. In addition, the Defendant suffered injury, such as “hume chills and tensions,” which requires approximately 2 weeks of treatment to the victim H.

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