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(영문) 청주지방법원 2017.07.25 2016고단2923
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 25, 2016, the Defendant driven a fwork-free vehicle under the influence of alcohol leveling 0.20% without a vehicle driver’s license on a section of about 200 meters from the 200 meters away from the front of the Heung-gu Cheongdong-gu Seoul apartment site to the front of the E-cafeteria located in D, Godong-gu Seoul apartment site to the day on which the Defendant was under the influence of alcohol leveling 0.20%.

2. Around October 25, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driven by a funst motor vehicle under the influence of alcohol concentration of 0.20% in the blood alcohol level at around the E-cafeteria in Cheongju-si, Cheongju-si, and led the Defendant to drive a funst motor vehicle under the influence of alcohol concentration of 0.30% in the blood.

At the time, there is a narrow road of one lane in which street lights are not installed at night, and in the edge of a road, the victim G (57) driver's bicycle is proceeding at the edge of the road. In such a case, the driver of the vehicle has a duty of care to properly manipulate the brake while properly manipulating the brake system and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected this and did not discover the victim and proceeded without finding the victim, and got the victim's bicycle behind the victim's bicycle driving to the right part of the front part of the vehicle operated by the Defendant and exceeded the floor.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered injury to the victim, such as an injury to the blood transfusion from an open two wound, which requires approximately eight weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A survey report, on-site photograph of an accident, and on-site photograph of an accident site (a video photograph of a black box);

1. Notification of the results of regulating drinking driving;

1. G statements;

1. A medical certificate;

1. Acts and subordinate statutes concerning the ledger of driver's licenses;

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