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(영문) 청주지방법원 2018.11.15 2018고단2085
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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 September 3, 2018, the Defendant was under the influence of around 20:20 on September 3, 2018, and under the influence of alcohol content 0.259% during blood, the Defendant driven a two-lane road in the direction that it is difficult to drive normally, while driving a new car in the Republic of Korea, and driving a two-lane road in the direction of the Cheongnam-gu, Cheongju-gu C in the direction of the 1-ri center in the direction of the Cheongdong-gu, Cheongdong-gu.

At night, there were other vehicles on the road above, and thus, the defendant engaged in driving service had a duty of care to properly operate the steering and steering system and to proceed with it in a safe way.

Nevertheless, the Defendant, while under the influence of alcohol, continued to drive a car with the victim D(43) driving on the two-lanes of the said road without showing the front line, and continued to drive the car on the two-lanes of the said road. The lower part of the EKa car was followed by the said new car’s front part.

Defendant 2 caused injury to the victim, such as salt, tension, etc. in need of approximately two weeks of treatment due to such occupational negligence.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a B New Sheet under the influence of alcohol content of about 0.259% from the G cafeteria, which was located in the Heung-gu Seoul Metropolitan City F at the time of the day indicated in paragraph 1 to the same front road of about 50 meters from the G cafeteria located in the Heung-gu, Cheongju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A survey report on actual conditions;

1. On-site photographs;

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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