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(영문) 청주지방법원 2019.08.20 2019고단1254
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. The defendant is a person who is engaged in driving a freight vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

On May 21, 2019, the Defendant driven the said cargo while under the influence of 0.184% of alcohol level 0.50% in a state where normal driving is difficult, and proceeded one-lane of three-lanes from the 17th national highway C (32 years old) of the victim C (32 years old) who stopped from the front bank to the signal line, while driving the said cargo at the speed of 0.184% in a state where it is difficult for the Defendant to drive the said cargo at the speed of 0.184%, and driving the said cargo at the speed of Cheongju-si, the Defendant suffered damage to the victim E (42 years old)'s back portion of the driver's vehicle at the speed of Cheongju-si to the front part of the above 42 years old driver's license and suffered damage to the victim's surface and the 2nd-day treatment of the victim, respectively.

2. Violation of the Road Traffic Act (driving) the Defendant driven the above cargo vehicle under the influence of alcohol with a blood alcohol concentration of about 0.184% at the section of about 10km from the Do in front of the Geumcheon-dong, Geumcheon-gu, Geumcheon-do, Sin-si, Sin-si, and the place under the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G, E, and C;

1. Report on the occurrence of a traffic accident, photographs of the scene of the accident, notification on the results of the regulation of drinking driving, report on the circumstantial statement of a drinking driver, investigation report (Evidence No. 7 and No. 8), and report on actual situation investigation report;

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 (wholly amended by Act No. 15981, Dec. 18, 2018); Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018) concerning the crime

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes are prescribed.

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