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(영문) 청주지방법원 2020.09.10 2020고단787

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

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

The Defendant is a person engaging in driving a car B.

On January 19, 2020, the Defendant driven the said car with a blood alcohol concentration of 0.154% 0.154% around 17:40, and changed the lane from the first lane to the second lane while driving the said car at a speed of 0.154% near the Cheongju-si, U.S. C in the vicinity of the Cheongju-si.

At the same time, the victim D(ma, 49 years old) is driving on the Eststyet car. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by operating the direction, etc., and by operating the steering system and operating the steering system accurately.

Nevertheless, under the influence of alcohol, the Defendant neglected to move the vehicle from the first lane to the second lane, and was driven by negligence by the Defendant, and received the above part of the rocketing car as the front part of the passenger car in front of the right edge.

As a result, the Defendant driven the said LT car in a state where it is difficult to drive the car normally due to influence of alcohol, and sustained injury such as salt, tension, etc. to the said D, and suffered injury to the victim F (5 years old, 43 years old, 7 years old, 14 years old, 10 years old, and 10 years old, by driving the said LT car, and driving the car under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual survey report and on-site photographs;

1. A brewing driver report, and a written appraisal of the blood alcohol concentration;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.