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(영문) 청주지방법원 2020.11.24 2020고단1669
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of two years and four months.

except that the execution of the above sentence shall be suspended for four 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 engaged in driving a B low-speed car;

At around 23:40 on May 23, 2020, the Defendant: (a) while under the influence of alcohol to such an extent that it is impossible to identify the blood alcohol content; (b) while driving the said vehicle, the Defendant was able to turn to the left of the road of 179 Nasan and Sari-distance from the C high side, as the petitioner filed the petition, while driving the said vehicle in a red state.

At this point, since it was a private-distance intersection where signal lights are installed, there was a duty of care to ensure that a person engaged in driving of a motor vehicle should observe the signal and safely drive the motor vehicle while checking the progress of the surrounding motor vehicle.

Nevertheless, the Defendant neglected to turn to the left in contravention of the signal by negligence while under the influence of alcohol, and caused the front part of the victim E (ma, 61 years old) driving in accordance with the new code to the right part of the Defendant’s vehicle.

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 said victim E, such as salt, tension, etc. of a confection that requires a two-day medical treatment, and the victim G (ma, 55 years old), who is the passenger of the victimized vehicle, for three-time medical treatment, and other injuries such as salt, tension, etc. of the part where the details are unknown, respectively.

2. On May 24, 2020, the Defendant, despite the history of drinking alcohol as above, could have been found to have driven under the influence of alcohol, such as a light view that the Defendant, at around 00:00 on May 24, 202, after having received a traffic accident report as stipulated in paragraph (1) on the roads front of H in the petition-gu, Cheongju-si, who was called, Cheongju-gu, who was under the influence of alcohol.

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