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(영문) 청주지방법원 2020.05.29 2019고단2629
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 18:00 on October 2, 2019, the Defendant was under the influence of alcohol by 0.221% on blood alcohol concentration, and the Defendant was driving a D self-furd vehicle at approximately 1.5 km from the front of the Seo-gu Seo-gu B apartment in Cheongju-si to the front of the Seowon-gu in Cheongju-si, Cheongju-si.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a driver car.

On October 2, 2019, at around 18:00, the Defendant driven the said car while under the influence of alcohol 0.221%, and continued the front of Seowon-gu, Seowon-gu, Seowon-gu, to go straighten distance from 18:00 to 2-distance away from Cheongju-si.

Since there is a two-lane road, in such a case, drivers have the duty of care to prevent accidents by accurately manipulating the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of operation.

Nevertheless, the Defendant neglected to drive a vehicle while under the influence of alcohol and neglected to change the vehicle line to the right side of the Defendant’s vehicle due to the negligence of driving the vehicle, which led in two-lanes to the right side of the Defendant’s driving.

As a result, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, suffered from the injury of the victim F, such as the catum catum, etc., which requires a two-day medical treatment, and the victim H, who fatd the damaged motor vehicle, suffered from the injury, such as the catum catum, tension, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A statement in F and I;

1. On-site photographs, reports on the occurrence of traffic accidents, and written diagnosis;

1. Application of Acts and subordinate statutes to notification of the circumstantial statements of a drinking driver and the control of drinking driving;

1. The pertinent Act on the Aggravated Punishment, etc. of Specific Crimes (Act No. 16922, Feb. 4, 2020) regarding criminal facts under the relevant Act.

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