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(영문) 창원지방법원 2021.01.21 2020고단3507
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

1. The Defendant is a person who is engaged in driving a B rocketing car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On September 27, 2020, the Defendant driven the above vehicle under the influence of alcohol content of 0.117% during blood transfusions, while driving the above vehicle in the original city of Changwon-si, and driving the two-lane road in front of the intersection along the one-lane from the front side to the Jinhae Sea Office, and changed the course to the two-lane.

On the two-lanes in front of the defendant's moving direction at the time, the victim C ( South, the age of 43) is driving a D low-speed car, and thus, the driver has a duty of care to reduce speed and change the right and the right and the right of the driver's vehicle in a safe manner.

Nevertheless, the Defendant, while under the influence of alcohol, failed to accurately operate the brakes without properly examining the front section and the left and right of the Defendant, and was negligent in changing the two lanes, and received the front part of the Defendant’s vehicle behind the victim’s vehicle, which was proceeding on the two lanes.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victim C, namely, salted and tensions of the bones of wood, which requires two weeks of medical treatment, and suffered injury to the victim E (the 39 years of age) who was on board the victim’s top of the operation of the vehicle.

2. On May 3, 2007, the Defendant received a summary order of KRW 700,000 from the Changwon District Court to a fine for a crime of violating the Road Traffic Act.

On September 27, 2020, the Defendant was under the influence of alcohol content of approximately 0.117% from the 10km section to the intersection of the 10km-si, Changwon-si, Changwon-si, where the name located in the Yongsan-gu, Changwon-si, Changwon-si, with which it is impossible to identify the name located in the Yongsan-do, Jinwon-si, Changwon-si, the Defendant was under the influence of alcohol content of approximately 10km from the 10km section to the front road.

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