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(영문) 창원지방법원통영지원 2020.12.08 2020고단1099
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

On November 18, 2010, the Defendant was issued a summary order of KRW 1,500,000,000 as a fine for a violation of the Road Traffic Act (driving) in the Changwon District Court’s territorial jurisdiction over the Defendant.

1. On June 18, 2020, the Defendant, in violation of the Road Traffic Act, driven a DNA car with a blood alcohol concentration of about 800 meters from the front of Si-si B to the front of C in the same city, in a state of under the influence of alcohol of about 0.185%.

Accordingly, the defendant violated the prohibition of drinking driving (Article 44 (1) of the Road Traffic Act) not less than twice.

2. The Defendant is a person who is engaged in driving a DNA car.

On June 18, 2020, the Defendant driven the said car under the influence of alcohol with 00:54% of alcohol concentration 0.185%, which was difficult to drive normally, and, at the same time, continued to drive at an irregular speed by using one lane in the direction of the symbol village from the surface of the land reclaimed for the death of the vehicle C at the time of Tong-young.

At the time, night, and there is a place where the right side of the road is set up on the right side of the road by a bend, and in such a case, the driver of the motor vehicle has a duty of care to safely operate the steering right by reducing the speed and accurately manipulating the steering gear.

Nevertheless, the Defendant, while neglecting the influence of alcohol, was negligent in proceeding with the Defendant’s vehicle’s front wheel part, which was installed on the right side of the Defendant’s running direction.

Ultimately, the Defendant caused the victim E (Nam, 39 years of age) who was accompanied by Defendant’s car due to the foregoing occupational negligence, to suffer injury, such as the frame of the left-hand fluoral fluor, which requires the treatment of approximately six weeks.

Summary of Evidence

1. The defendant's written statement (Simplified traffic) statement and the fact-finding survey report (E) will apply to the investigation report (E) law.

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