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(영문) 청주지방법원 2019.06.04 2019고단661
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 engaged in driving B K7 automobiles

On March 7, 2019, at around 23:40, the Defendant driven the said car with a blood alcohol concentration of 0.223% 0.23%, and led to the driving of the said car in front of the Heung-gu Seoul Metropolitan City to the D Jeong-gu from the jurisdiction of the office of the Cheongju-si.

At the time, at night and at the front of the Defendant’s driver’s vehicle, the Frabula and freight cars of the victim E (the age of 42) driving were stopped for the signal atmosphere. In such a case, the driver of the vehicle had a duty of care to look at the front and right side of the vehicle well, and to prevent the accident by accurately operating the steering and steering gear.

Nevertheless, under the influence of alcohol, the Defendant was negligent in proceeding without neglecting it, and the part behind the left-hand side of the victim's driving cargo was received as the front-hand part of the Defendant's driving vehicle.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, resulting in the Defendant’s injury to the victim, such as light cryp and dump for about two weeks of medical treatment.

2. Around March 23:40, 2019, the Defendant: (a) driven a BK7 vehicle under the influence of alcohol by 0.223% in the section of approximately 1km from the 1km to the roads of the Kuak-gu Seoul Metropolitan City, Cheongju-gu, Cheongju-si, in a state of under the influence of alcohol by 0.23% in alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the occurrence of a traffic accident, a traffic accident report, an accident summary, a report on the circumstantial statement of a drinking driver, an investigation report, a report on the results of the drinking driving control, a report on the results of appraisal requests and a report on the detection of a drinking driver;

1. Application of statutes on site photographs and diagnostic certificates;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes

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