(영문) 창원지방법원 2020.11.25 2020고단3028

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Reasons

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줄 간격

자간(%)

(영문) 창원지방법원 2020.11.25 2020고단3028

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment for three years from the date of the final judgment.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving of B rocketing motor vehicles.

On August 27, 2020, at around 04:26, the Defendant driven the said vehicle under the influence of alcohol level of 0.162% in the Daegu direction of the central highway located in the border of the Kimhae-si, Kim Jong-si, while driving the said vehicle at a level of 0.162%. The Defendant driven the said vehicle at a level of 0.162%, and driven the luTol in the 3-lane between the two-lanes.

In such cases, the driver of a motor vehicle has a duty of care to prevent accidents due to thorough operation of the steering system of the motor vehicle and accurate operation of the steering system and brake system of the motor vehicle.

Nevertheless, the Defendant neglected this and took part of the part of the DNA car driven by the injured party C (the 57-year old-old) who was driving in the same room due to the negligence that was driven by the injured party C (the 57-year-old) due to the influence of drinking, such as the he was found to have been driving before the right side of the DNA car.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc., for about three weeks in need of medical treatment.

2. Around 04:26 August 27, 2020, the Defendant driven a B rocketing car with a blood alcohol concentration of about 7km from around 0.162% under the influence of alcohol at around 5km in front of the Central Highway located in the east-do of Kimhae-si, Busan, to the road in front of 5km in the east-do of Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. The application of C’s written statement to the State driver, the report on the circumstantial statement, the investigation report on the actual condition of traffic accidents, the investigation report, and the written diagnosis of bodily injury on the vehicle involved in accident, shall be governed by statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes;

참조조문

-도로교통법

-특정범죄 가중처벌 등에 관한 법률

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