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(영문) 청주지방법원 충주지원 2019.10.11 2019고단505

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. Around 23:45 on July 18, 2019, the Defendant driving a DNA Ⅱ truck under the influence of alcohol content of about 2 km from the front of the “C” in the Haak-gun B of Chungcheongbuk-gun to the front of the treatment site for sewage and the end of the treatment site, while driving a DNA Ⅱ truck under the influence of alcohol content of about 0.242% from the 2km section to the front of the road.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DPoter) is a person engaged in driving freight vehicles.

On July 18, 2019, the Defendant driven the above vehicle on July 23:45, 2019, and led to the progress of the road in front of the treatment terminal of the Geumsan-gun, Geumcheon-gu, Seoul Special Metropolitan City, and the front of the treatment terminal of the Geumdo Sewage, from the eculic slope to the sulic slope.

At night, in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering gear and the steering gear without drinking any person engaged in driving business.

Nevertheless, the defendant neglected this and left a road due to negligence without properly operating the steering gear under the influence of alcohol, as described in paragraph (1), while neglecting it, and received a retaining wall on the right side of the direction of the proceeding from the front of the vehicle of the defendant.

Ultimately, the Defendant driven the above vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered damage to the head and other parts of the victim E (the age of 46) who is the passenger of the Defendant’s vehicle for about a week medical treatment.

3. No motor vehicle which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, at around 23:45 on July 18, 2019, the Defendant subscribed to mandatory insurance from the front of the “C” road located in the voice group B of the Chungcheongbuk-gun to the front of the Geumbuk-gun, Chungcheongnam-do, and from approximately 2 km section to the front of the treatment terminal of the Sejong Sewage to the front road.