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(영문) 청주지방법원 2020.08.27 2020고단853
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 October 23, 2012, the Defendant was sentenced to a fine of KRW 1.5 million by the Cheongju District Court for a violation of the Road Traffic Act.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving B K3 automobiles

On April 13, 2020, the Defendant driven the said car under the influence of alcohol concentration of 0.162%, while driving the said car at the entrance of Seowon-gu C apartment, Seo-gu, Seowon-gu, Seowon-si, Cheongju, with a level of 0.162% under the influence of alcohol level, and driven the said car to a level below the area from the depth of the river.

At the time, the EF car driven by the victim D (ma, 39 years old) was a stop. In such a case, there was a duty of care for those who are engaged in driving of a motor vehicle to see the right and the right and the right and the right and the right and the right and the right and the right, and to accurately operate the steering system.

Nevertheless, under the influence of alcohol, the Defendant was negligent and proceeded with the lower part of the Defendant’s car as the front part of the Defendant’s driver’s car.

As a result, the Defendant driven a car in a state where normal driving is difficult due to influence of drinking, and suffered from the victim’s injuries, such as a conjecture, alley, and other influences and tensions in detail, for about two weeks.

2. Around 17:45 on April 13, 2020, the Defendant driven BK 3 cars under the influence of alcohol leveling 0.162% from the 5km section from the front of the “G high” road located in F in a considerable area of Cheongju-si to the long-distance road at the entrance of the Seocho-gu, Seo-gu, Seo-gu, Seoju-si.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, a actual condition survey report, and a photograph of the accident site;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. A medical certificate;

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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