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(영문) 창원지방법원거창지원 2020.10.14 2020고단120
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 August 27, 2010, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) in the Changwon District Court's branch on August 27, 2010. On April 19, 201, the same court issued a summary order of KRW 2 million for a violation of the Road Traffic Act (driving).

【Criminal Facts】

The Defendant is a person who is engaged in driving of Lone Star Cargo Vehicles B.

1. On March 26, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) driven the above cargo vehicle while under the influence of alcohol level of 0.165% on blood alcohol level around 17:40 on March 26, 2020, and led to one-lane road in the 493 square flusium in the lusium flusium in the light of the lusium development-gun.

At this point, there is a center line of yellow solid lines. In such a case, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle to prevent accidents by safely driving the motor vehicle, such as driving the motor vehicle along the right side of the center line.

Nevertheless, the Defendant neglected to perform the above duty of care in the situation where normal driving is difficult due to influence of drinking, such as sniffing, drinking, leaving red on the face, failing to answer the questions of the police officer, etc., while neglecting the above duty of care in the situation where normal driving is difficult due to influence of drinking, and by neglecting the central line and driving on the road facing the direction of the Defendant’s proceeding, received the Fwing of the victim E (the age of 51) driving, which was proceeding on the left-hand side of the freight vehicle, as the left-hand side of the Defendant’s driver’s vehicle

Ultimately, while driving the said cargo in a situation where normal driving is difficult due to influence of alcohol, the Defendant by negligence in the course of driving the said cargo while giving approximately three weeks medical treatment to the victim E, such as catitis, and to the victim G (V, 56 years old) who is the passenger of the damaged vehicle.

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