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(영문) 청주지방법원 2020.11.12 2020고단1422

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for one year.

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

[Power of sound driving, etc.] On June 8, 2007, the Defendant was issued a summary order of a fine of 500,000 won by the Cheongju District Court for the 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 engaged in driving B earth car.

On May 30, 2020, the Defendant driven the above vehicle on May 22:20, 2020, while driving the vehicle, from the “Seoul Metropolitan City Research Complex” located in 219 to the “Seoul Metropolitan City Research Complex.”

Since there is an intersection in which signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to reduce the speed and safely drive the motor vehicle in accordance with signals.

Nevertheless, the Defendant, while under the influence of alcohol, driven the vehicle while driving the vehicle in which it is considerably difficult to operate the device or set the front line, proceeded as it is, even if the remaining signals of the front line were changed to red lights, and was changed to red lights, followed the DK3 car of the victim C(W, 27 years old) driving in U.S. according to the new subparagraph, and received the part of the Defendant’s vehicle as the front one.

Ultimately, the Defendant driven a vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as “influent salt, tension, etc.,” which requires medical treatment for about two weeks.

2. Around 22:20 on May 30, 2020, the Defendant driven a vehicle under the influence of alcohol content of 0.148% at a section of about 3km from the front day of the F cafeteria located in the petition-gu, Cheongju-si to the Green Cross distance located in the same Gu research complex to the Green Cross in 219.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. The actual survey report and the accident site photograph;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on the result of confirmation (a copy of a summary order) before disposition;

1. Specific crimes provided for in the relevant Act regarding criminal facts.