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(영문) 청주지방법원 2019.10.31 2019고단1793
특정범죄가중처벌등에관한법률위반(위험운전치사상)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

[criminal power] On June 27, 2008, the Defendant was issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act at the Cheongju District Court, and on December 3, 2014, under the influence of 0.05% of the blood alcohol concentration of the suspension of indictment for the same crime at the Cheongju District Prosecutors' Office, the Defendant was subject to a disposition of KRW 1 km driving volume of B Loneex vehicle under the influence of alcohol concentration of approximately 0.05%.

【Criminal Facts】

The Defendant is a person who is engaged in driving of Bone Star Co., Ltd.

1. On June 7, 2019, the Defendant was under the influence of alcohol level of 0.101% on blood alcohol level on June 22 and 22:15, the Defendant driven the said Lone Star car at a section of about 1 km from the mutual influence to the roads front of the Seo-gu, Seo-gu, Seo-gu.

2. On June 7, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving the said van while under the influence of alcohol level of 0.101% on blood alcohol level on June 22 and 15, 2019, led to a direct driving of the roads front Seowon-gu, Seowon-gu, Seowon-gu, Seowon-gu, to D from the territorial slope

In that case, there was an intersection where signal lights are installed at the front of that place, so in such a case, the person engaged in driving service had a duty of care to properly manipulate the front left left and right, and prevent the accident by accurately manipulating the steering and brakes.

Nevertheless, the defendant's negligence of driving while under the influence of alcohol, led to a shock of the back part of the victim E(the age of 38) driving that was parked in the signal atmosphere at the front of the defendant's vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc., which requires two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The actual survey report and the scene photograph of the accident;

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