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(영문) 청주지방법원 제천지원 2017.09.21 2017고단193
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On November 26, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (dacting driving) at the Cheongju District Court Support on November 3, 2009, a fine of KRW 1,500,000 as a crime of violating the Road Traffic Act (dacting driving) on November 3, 2009. On September 4, 2014, the Defendant was sentenced to the summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act, and the execution of the sentence was terminated on February 21, 2015.

[Criminal facts] The Defendant is a person who is engaged in driving a first car in C C.

On June 4, 2017, the Defendant driven the said car under the influence of alcohol level of 0.214% during blood transfusion around 20:00, and continued to drive the said car in front of E, which is located in Dacheon City, from the direction of the lot parking lot to the apartment complex of 1 hybrid.

At this point, it was a road where the center line of yellow-ray was installed, so a driver has a duty of care to take the right side of the center line while proceeding to the right side of the center line, and to prevent accidents in advance by accurately manipulating the steering direction and brake system.

Nevertheless, the Defendant, while neglecting the influence of alcohol, was negligent in driving along the center line and was on the part of the victim F (W, 76 years old) who proceeded to the right side from the left side of the Defendant’s vehicle in front of the driver’s vehicle.

Ultimately, while driving a motor vehicle in a situation where normal driving is difficult due to the above influence of alcohol, the Defendant suffered injury to the victim, such as T1 and T12, which requires approximately six weeks of medical care due to occupational negligence.

Summary of Evidence

【Criminal Facts】

1. Statement by the defendant in court;

1. A statement of the occurrence of a traffic accident of F;

1. A report on the occurrence of a traffic accident, a report on the situation of the driver at the main place, an investigation report (report on the situation of the driver at the main place), and a survey report on actual condition;

1. Inquiries about the results of regulating drinking driving;

1. Medical Certificate (F) 1.

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