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(영문) 청주지방법원 2019.05.23 2019고단442

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not more than ten 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

1. Around 02:00 on November 19, 2018, the Defendant driven a D New Plane XG car in the state of alcohol alcohol concentration of about 0.139% from the 1km section of approximately 1km to the roads around the Heung-gu Seoul metropolitan apartment to the roads around the same Gu C.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the Defendant is a person engaging in driving a D New Tour XG car.

The Defendant, as described in the above paragraph (1), was under the influence of alcohol as stated in the foregoing paragraph (1) with regard to the roads in front of the Heung-gu Seoul Metropolitan City, Chungcheongnam-gu, Cheongju-si, where normal driving is difficult due to the influence of alcohol, followed by three-lanes of the four-lane radius from the parallel of Heung-gu to the parallel of Heung-gu.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by safely operating the steering gear and steering the steering gear accurately.

Nevertheless, the defendant, while under the influence of alcohol, tried to see the part on the back of the victim E (the age 62) driving of the victim E (the age 62) which was driven in front of the driver's car by negligence of the defendant's negligence, with the back of the driver's car in front of the passenger's car.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt pans, tensions, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

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

1. Report on the results of the control of drinking driving, and report on the circumstantial statement of a drinking driver;

1. A medical certificate;

1. Written estimate;

1. A motor vehicle insurance certificate;

1. Application of Acts and subordinate statutes to a report on investigation (re-verification of the number of days treated for victims);

1. The former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) regarding criminal facts.