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(영문) 청주지방법원 2020.04.23 2019고단2687
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes 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 engaged in driving a B K5

On October 22, 2019, the Defendant, while under the influence of alcohol level 0.187%, driven the said vehicle on the road in front of the Seocho-gu Seoul Metropolitan City, Seowon-si, Seowon-si, and continued the said vehicle from D bank to Egypt.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of drinking, and he/she has a duty of care to prevent accidents in advance by accurately manipulating the steering gear, brake system, etc.

Nevertheless, under the influence of alcohol, the Defendant shocked vehicles parked on the road side by negligence while neglecting it, and caused the victim G (30 years of age) who had been driving the vehicle in Fribero due to its shock, and caused the shock.

Ultimately, the Defendant driven the said K5 vehicle in a state where it is difficult to drive the vehicle normally due to influence of drinking, resulting in injury to the victim, such as salt, tension, etc. of the bones that requires approximately two weeks medical treatment.

2. On January 3, 2017, the Defendant was issued a summary order of KRW 3 million by the Cheongju District Court for the crime of violating the Road Traffic Act.

The Defendant driven B K5 vehicle while under the influence of alcohol concentration of approximately 0.187% in approximately 1.5km from the front of the restaurant “I” in Seowon-gu, Seowon-gu, Seowon-gu to the front of the Gu C market.

As a result, the Defendant violated the “Prohibition of Driving under the influence of alcohol” at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of traffic accident;

1. The actual survey report and the accident site photograph;

1. Notification of the control results of drinking driving and a report on detection of drinking drivers;

1. A medical certificate;

1. A statement on criminal records, etc.;

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