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(영문) 청주지방법원 2020.11.11 2020고단1660
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 resulting from Dangerous Driving) is a person engaging in driving a car BA4;

On December 31, 2019, the Defendant driven the above vehicle under the influence of alcohol of 0.150% in blood alcohol concentration of 06:00, the Defendant got to turn to the left from the seat of the C hotel from the fluoral distance away from the fluoral road of 2507, as compared to the ethalty of ethic City.g.

In this case, a driver of a motor vehicle has a duty of care to observe the signal, to take the front side and left side well, and to accurately manipulate the steering and brakes so as to prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant neglected to turn to the left while neglecting the stop signal and received the front part of the F Kan-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k

As a result, the Defendant driven the above vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as brain, which requires medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph 1, the Defendant driven B A4 vehicle while under the influence of alcohol of about 0.150% of blood alcohol concentration on the road front of the New Jinri Tririririri Road located in 2507, as from the front of the H cafeteria located in Ischeon-si G to the same border.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes (Evidence No. 21) shall include a survey report on the actual condition, a report on the circumstantial statement of a drinking driver, a report on the situation of a drinking driving, a notification on the results of the control of a drinking-driving, a visual closure photograph, and

1. The Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020) regarding criminal facts is prior to the amendment of Article 5-11 of the Act on the Aggravated Punishment, etc.

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