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(영문) 청주지방법원 2020.11.24 2020고단1708
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 two 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 caused by Dangerous Driving) is a person who is engaged in driving a B car;

On August 13, 2020, around 21:15, the Defendant, while driving the said vehicle under the influence of alcohol concentration of 0.136% of the four-lanes of the petition C in front of the petition-gu, Cheongju-si, the Defendant was under the influence of driving the said vehicle under the influence of alcohol concentration of 0.136%.

In this case, a person engaged in the driving of a motor vehicle has a duty of care to prevent the occurrence of an accident by accurately operating the steering gear and safely operating the steering gear.

Nevertheless, the Defendant neglected to do so and neglected to perform his duty at all times while under the influence of alcohol, and neglected to perform his duty at all times, and caused the victim D's D's rocketing car driving in the signal atmosphere in front of the direction of the operation by red signal, and led to the Defendant's collision with the part of the driver in front of the L's car.

As a result, the Defendant suffered from the above occupational negligence on the part of the victim D, the injury of catitiss, etc. requiring two weeks medical treatment, and the injury of catum salts, etc. requiring two weeks medical treatment to the victim F who is the passenger of the victim vehicle.

2. The Defendant violated the Road Traffic Act (driving) from the “H” in the petition-gu G at the time of hearing at the time set forth in paragraph (1) to the front of the same Gu, driving the said car while under the influence of alcohol content of about 100 meters at approximately 0.136% from the 100-meter section of blood alcohol level to the front of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. The actual survey report and each diagnosis report;

1. Application of Acts and subordinate statutes to notification of the circumstantial statements of a drinking driver and the control of drinking driving;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

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