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(영문) 청주지방법원 2020.05.29 2019고단2652
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became 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 BM6

On October 25, 2019, at around 07:01, the Defendant driven the said car in a state where it is impossible to drive it normally due to the alcohol concentration of 0.148% due to the influence of alcohol on October 25, 201, and led directly to a four-lane road in front of the petition Gu Office C at Cheongju-si, by one-lane from the private intersection to the D Hospital.

There are crosswalks in front of each other, and a person engaged in driving of a motor vehicle is obliged to drive the motor vehicle in a situation where normal driving is difficult due to influence of drinking, and the person has a duty of care to prevent accidents by properly manipulating the signal and the moving condition of the front-hand vehicle and properly manipulating the steering gear and the steering gear.

Nevertheless, the defendant neglected to stop in front of the front crosswalk, and the back part of the victim E-driving car, which started from the front crosswalk, was shocked in front of the defendant vehicle.

Ultimately, the Defendant caused the injury to the above victims E by occupational negligence, such as light fluoral salt, which requires approximately two weeks of medical treatment, and G, who is the passenger of the victimized vehicle, suffered the injury of light fluoral salt, etc. requiring approximately three weeks of medical treatment.

2. Around 07:01 on October 25, 201, the Defendant driven a BM6 vehicle while under the influence of alcohol content of 0.148% at a distance of about 100 meters from the front of the H building in the petition site to the front of the same Gu, Cheongju-si, the Defendant driven a BM6 vehicle with a blood alcohol content of 0.148%.

Summary of Evidence

1. Partial statement of the defendant;

1. A E-document;

1. Reports on the occurrence of traffic accidents, reports on the state of drinking drivers, and reports on the control of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. The former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) regarding criminal facts under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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