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(영문) 청주지방법원 2019.05.23 2019고단455
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

On February 22, 2019, at around 18:15, the Defendant driven B 2 cargo vehicles with blood alcohol concentration of 0.14% and with the difficulty of normal operation due to the influence of alcohol, and proceeded along the two-lanes from the north side along the inland high-speed lane (two-lanes) located in 953, according to the Cheongju’s Cheongju’s Cheongju’s Cheongju’s Cheongju’s Cheongju’s Cheongju’s Cheong

At the time, there was another vehicle that passed along the above road, and the signal was installed on the front side of the above road, and thus, the defendant was obliged to pay attention to the duty of care to drive the road in a safe way by properly manipulating the steering direction and the brakes.

Nevertheless, the Defendant, while neglecting the above duty of care, did not show the front side of the vehicle under the influence of alcohol and did not stop at all times, received the back part of the victim C (the 57-year-old driver)'s flock in the direction of the Defendant's proceeding, which was signaled at the front side of the above cargo vehicle, and due to the shock, again received the front part of the flicking car from the victim E (the 40-year-old driver's 40-year-old driver's flock) or the rear part of the vehicle.

The Defendant suffered injury to the victims by occupational negligence, such as salt, tension, etc., in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. A report on the occurrence of a traffic accident (including photographs of the accident scene), and a report on actual condition investigation;

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

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, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Mutually Injury resulting from Dangerous Driving in Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes);

1. Selection of each sentence of imprisonment;

1. The Criminal Act among concurrent crimes.

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