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(영문) 창원지방법원 2020.05.29 2020고단256
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On May 16, 2019, the Defendant was issued a summary order of KRW 3,000,000 by the Changwon District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person driving a B-learning passenger

On December 31, 2019, the Defendant driven the said car with a blood alcohol concentration of 0.141% around 22:25 on December 31, 2019, while driving the said car, and driving the four-lane road in front of D in C at the window of Changwon-si in Changwon-si along one-lane.

In this case, the driver of the motor vehicle has a duty of care to safely operate the steering direction and brake system and prevent the accident in advance by driving the steering signal to the person engaged in driving the motor vehicle.

Nevertheless, the Defendant neglected this and neglected to pay attention to the foregoing, thereby resulting in a fK5-si operated by the victim E (year 57) who was in the atmosphere signaled in the front bank due to negligence of neglecting the influence of alcohol, and received the part concerning the panion behind the said car.

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to the influence of drinking, and suffered the victim’s injury of salt and tensions that require treatment for about two weeks.

2. The Defendant was driving the said vehicle without obtaining a driver’s license in a state of alcohol alcohol concentration of about 0.141% from the section of about 1km at the window of Changwon-si to the front road located in C at the window of Changwon-si from a place where it is impossible to know at the time and time under paragraph (1) of the Road Traffic Act (driving without a license) and the Road Traffic Act (driving without a driver’s license).

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual survey report on traffic accidents;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the regulation of drinking driving; and

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