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(영문) 청주지방법원 2018.03.29 2017고단2011
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The Defendant is a person engaged in driving of B Poter Cargo Vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On June 29, 2017, around 20:35, the Defendant: (a) driven the said cargo while under the influence of alcohol by 0.215% from the three-distance ahead of the highway landing bridge on the one-way side of Heung-gu, Chungcheongnam-gu, Cheongju-si, Cheongju-si, Seoul, under the influence of alcohol at a 0.215% of alcohol concentration in blood; (b) driven the said cargo while making it difficult for the Defendant to drive the said cargo in a normal way; and (c) driven the said cargo directly

Since there is a three-distance intersection without signal, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle while temporarily stopping or driving the motor vehicle before entering the intersection.

Nevertheless, the Defendant neglected this and driven a vehicle by entering the intersection as it is without looking at the front side while under the influence of alcohol as seen above, and due to negligence, the Defendant first entered the right side of the Defendant’s course and went to the left at the intersection, and received the back side of the victim C(72 years old)’s driving at the right side of the road and going to the left.

Ultimately, the Defendant driven a motor vehicle in a state where normal driving is difficult under the influence of alcohol as above, and sustained injury to the victim C, such as sculpons, tensions, etc. in need of a two-day medical treatment, injury to the victim E (the victim E (the 68 years old), who is the passenger of the victimized vehicle, such as culatory salt, tensions, etc. in need of a two-day medical treatment, and suffered injury to the same victim F (the 68 years old) by causing approximately two-day medical treatment.

2. Violation of the Road Traffic Act (drinking driving) by the Defendant is under the influence of alcohol at approximately 500 meters from the 500-meter section from the “H Mart” road located in Heung-gu G at the same time as paragraph (1) to the place like paragraph (1). The Defendant is under the influence of alcohol at approximately 0.215% during blood.

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