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(영문) 청주지방법원 2020.12.02 2020고단1920
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. Around 02:00 on September 2, 2020, the Defendant driven a CK3 vehicle under the influence of alcohol content of about 20km from the section of about 00 km from the parking lot B located in Cheongju-si to the third distance located in Cheongwon-gu, Seowon-gu, Seowon-gu to the same city.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaged in driving CK3 cars.

At around 02:00 on September 2, 2020, the Defendant stopped in front of the crosswalk in front of the above three distance, while driving the said K3 car while driving the said K3 vehicle on the Cheongju-gu, Seowon-gu, Seowon-gu, Seowon-gu, with a degree of 0.221% alcohol concentration in blood.

At the time, EMW118D car driven by the victim D (ma, 26 years old) was under a stop, so in such a case, the driver of the vehicle had a duty of care to look at the front and rear side and the right and the right and the right, and to prevent the accident by accurately manipulating the steering and the operation system of the vehicle.

Nevertheless, the defendant neglected to do so under the influence of alcohol and caused the front part of the damaged vehicle to the rear part of the vehicle driven by the defendant due to negligence.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as salt dump, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The application of Acts and subordinate statutes, such as a survey report on the actual condition, notification on the results of the drinking driving control, a report on the circumstantial statement of a drinking driver, a black stuff image photograph and a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime (the point of causing bodily injury to a dangerous driving and the choice of imprisonment) and Article 148-2 (3) 1 and Article 44 of the Road Traffic Act.

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