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(영문) 청주지방법원 2020.11.25 2020고단1805
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

The Defendant is a person engaging in driving a rocketing car.

On April 9, 2007, the Defendant violated the provision on prohibition of driving under the influence of alcohol under the Road Traffic Act (0.147% of blood alcohol concentration) on the road at around 00:40 on May 31, 2020, and again, under the influence of alcohol at around 00:240% of blood alcohol concentration at around 00:40 on May 31, 2020, the Defendant driven the said car at about 2 km from the roads near “D” located in the petition-gu, Cheongju-si, and proceeded at a speed of about 40 km in the speed of 197 km from “Yidong” on the side of “Yidong” as the Cheongju-si, the Defendant driven the said car at about 197 speed.

At night, at the time, there was a duty of care to prevent accidents in advance, such as checking the safety of the course by checking well the front and rear left, and the safe operation of the steering and brakes while accurately operating the steering and brakes.

Nevertheless, the Defendant neglected to drive normally under the influence of such drinking as above and proceeded as it is, due to the negligence of the Defendant’s failure, and thereby, received the back portion of the victim E(29 years of age) driving in the front section of the signal waiting at the front section of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of treatment for about two weeks due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. For previous records as indicated in the judgment, a survey report on the results of the drinking driving control, a report on the circumstantial statement of a drinking driver, a black stuffing photograph, and a medical certificate: Application of criminal records, etc. and a summary order under Acts and subordinate statutes;

1. The point of driving under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving and the choice of imprisonment), Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning criminal facts; and

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