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(영문) 창원지방법원 통영지원 2018.05.24 2017고단1906
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 12,000,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who received a fine of KRW 3 million from the Changwon District Court’s branch on December 15, 2014 due to a violation of road traffic laws (drinking driving), and a crime of violating road traffic laws (drinking driving) in the Changwon District Court’s branch on November 24, 2006.

[Criminal facts]

1. On October 12, 2017, the Defendant: (a) driven an E Car under the influence of alcohol with approximately 10km alcohol concentration of about 0.27% from the distance of 10km to the roads adjacent to D gas stations located in Gyeongnam-gun, Gonam-gun, Gonam-gun, in light of the light drawing around 19:26 on October 12, 201; and (b) the Defendant driven an E Car under the influence of alcohol content of blood.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who violated the prohibition of drinking at least twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving) was committed by the Defendant, who is engaged in driving a car of Kaknj, and, around 19:26 October 12, 2017, a two-lane road adjacent to D gas station C located in Gyeongsung-gun, Jinnam-gun, Jinnam-gun, in the speed of about 84 km in the speed of Si/Gun along the two-lane.

At the time, there was a night and raining, so in such a case, there was a duty of care to prevent the accident by properly manipulating the front door, accurately manipulating the steering and brakes, and driving with the safety distance from the front.

Nevertheless, as described in paragraph 1, the Defendant was negligent in driving under the influence of alcohol concentration of 0.227% in blood while normal driving is difficult due to the Defendant’s failure to drive under the influence of alcohol, and received the back part of the Victim F (Y, 52 years old) driving G of the Defendant’s vehicle in front of the Defendant’s vehicle.

Ultimately, the Defendant’s occupational negligence requires approximately two weeks of medical treatment to the victim F, and the Defendant’s salt and tension.

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