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(영문) 청주지방법원 2019.05.30 2018고단2561
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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. The defendant is a person engaged in driving a motor vehicle BVS in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury)

On November 2, 2018, the Defendant driven the said car while under the influence of alcohol of 0.119% with a blood alcohol concentration of 0.25% on November 2, 2018, and continued the road of 5-lane in front of the 4 “Osannam-ro”, Seowon-gu, Seowon-gu, Seog-gu, Seo-gu, Sinju, with three-lanes from the “C Hospital” to the “marging distance.”

At the time, there are nights, and there is an intersection where signal lights are installed, so the driver of the motor vehicle has a duty of care to ensure the safety of the course by checking well the front left, to ensure the safety of the course, to accurately operate the steering and brake system, to ensure the safe operation of the steering system in advance by controlling speed in advance, and to prevent accidents.

Nevertheless, the Defendant neglected to drive under normal conditions due to the influence of alcohol as above and proceeded as it is, due to the negligence of the Defendant’s failure in driving before and at the front of the Defendant’s driving, led the victim D(W), driving 40 years old and under a stop for waiting for the signal at the front of the Defendant’s driving.

As a result, the Defendant caused the victim D’s injury, such as salt, tension, etc., in need of approximately two weeks of treatment by occupational negligence, and the victim F (8 years of age) who is the passenger of the victimized vehicle, to suffer from the injury, such as a brush, fluence, etc., for about two weeks of treatment.

2. On March 31, 2010, the Defendant violated the provisions on prohibition of driving under the influence of alcohol under the Road Traffic Act two times or more and again violates the provisions on prohibition of driving under the influence of alcohol under the influence of alcohol under the Road Traffic Act, such as a summary order of a fine of 2.5 million won for a crime of violating the Road Traffic Act (driving) at the Cheongju District Court on September 20, 2006 and a summary order of 1 million won for a crime of violating the Road Traffic Act (driving) at the Cheongju District Court on September 20, 2006.

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