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(영문) 청주지방법원충주지원 2020.10.23 2020고단348
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around March 21, 2020, the Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) driven E rocketing car under the influence of alcohol 0.179% without obtaining a driver’s license in a section of about 3km from B through B through C through C through the Chungcheongbuk-gun, and from the front road of the D stations, while under the influence of alcohol 0.179% without obtaining a driving license.

2. 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 rocketing car;

On March 21, 2020, at around 09:27, the Defendant proceeded along the two-lanes of the two-lanes of the voice C and Driju Station in front of the Driju Station, from the vicinity of the Briking intersection to the Griang Fridong IIC bank.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents in advance by safely driving the steering boat and brake system in a state of unbreathy, and by safely operating the steering boat and brake system under the influence of alcohol.

Nevertheless, the Defendant was unable to properly operate the steering gear and brakes as described in paragraph (1) due to the negligence that the Defendant was unable to operate the steering gear and brakes properly, and received the central separation zone in front of the left-hand of the Defendant.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the Victim F (F, South, and 8 years old) who is a passenger of the Defendant’s vehicle, due to the Defendant’s vehicle, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement concerning F;

1. On-site photographs and reports on traffic accidents (1) (2);

1. The circumstantial statement of a drinking driver, investigation report, notification of the results of the control of drinking driving, and circumstantial report (whether or not a drinking driver is under dangerous driving);

1. Registers of driver's licenses, and car4;

1. Application of Acts and subordinate statutes of the medical certificate (F);

1. Relevant provisions of Article 148-2 (3) of the Road Traffic Act concerning criminal facts;

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