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(영문) 청주지방법원 2019.09.05 2019고단1255
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a passenger car in B.

On April 29, 2019, at around 01:23, the Defendant classified the blood alcohol concentration of 0.117% into drunk, and took the front part of the said taxi into the right side of the Defendant’s vehicle and she finds it difficult for the Defendant to drive the said vehicle normally with a clear and face. On April 29, 2019, the Defendant: (a) driven the said vehicle in a state where the walking is difficult to drive normally; (b) driven the said vehicle into the chilling plane in accordance with two-lanes in front of the office of Cheongak-gu, Cheongcheon-gu, Cheongcheon-gu; and (c) driven by C (59 years of age) (the front part of the said taxi in front of the office of Cheongak-gu, Cheongcheon-gu, Cheongcheon-gu, Cheongcheon-gu; and (d) sustained by the victim E (28 years of age) who is the passenger of the said taxi and the victim F (28 years of age) for two weeks of age.

2. On November 22, 201, the Defendant received a summary order of KRW 1,00,000 from the Cheongju District Court to a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act, and on November 16, 2012, the Defendant received a summary order of KRW 3,50,000 as a fine for the same crime at the same court.

Although the Defendant had a history of drinking twice as above, the Defendant driven a motor vehicle in the above Spath state under the influence of alcohol concentration of about 0.117% at the section of about 8km from the Do in front of the cafeteria-gu, Chang-gu, Chang-gu, Chang-gu, Seoul Metropolitan City to the place under paragraph (1) of the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of C, E, and F;

1. The actual condition survey report;

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

1. Each written diagnosis;

1. On-site photographs;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury resulting from dangerous driving) as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Act on December 24, 2018.

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