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(영문) 청주지방법원 2019.10.10 2019고단1018

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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaged in driving motor vehicles B;

On April 25, 2019, the Defendant driven the said car in a state where normal driving is difficult due to the influence of alcohol at around 23:20 on April 25, 2019, and driven the road in front of the 225 U.S. Y, Seo-gu, Seog-gu, Seog-gu, Seog-gu, Seog-gu, Seog-gu, Seog-gu, Sim-si, into an open-distance outflow from the surface of the marg, Seog-gu, Seog-gu, Seog-gu, Seog-gu, Seog-gu, the Defendant sustained the front part of the D Ttibluri passenger car driven by the victim C (the age of 49) who driven the central line and driven it into the opposite lane, and suffered damage to E (the age of 50) that requires the treatment of about 12 weeks, respectively.

2. 도로교통법위반(음주측정거부) 피고인은 위 1항의 일시, 장소에서 피고인에게 술냄새가 나고 발음이 어눌하며 보행시 비틀거려 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 교통사고 처리를 위해 출동한 청주상당경찰서 F지구대 소속 경위 G로부터 같은 날 23:41부터 23:57까지 4차례에 걸쳐 음주측정 요구를 받았으나 음주측정기를 입에 물고 바람을 부는 시늉만 함으로써 경찰공무원의 음주측정에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the occurrence of a traffic accident;

1. The actual condition survey report;

1. Investigation report (Report on the status of an employee);

1. Investigation report on persons who have failed to take a drinking test;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);

1.Article 40 of the Criminal Code of Trade and Trade.