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(영문) 청주지방법원 2019.11.28 2019고단1689
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 became 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 DD Driving) (the Defendant was a person engaging in driving of the B-learning passenger car, and the Defendant was driving the said vehicle under the influence of alcohol concentration 0.135% on May 17, 2019, and was driving the said vehicle under the influence of alcohol concentration 0.135% on the side of D High School, thereby straighting from D High School to E Apartment

At night and the above roads have a duty of care to look at the traffic situation of the vehicle driving service in preparation for the possibility that there is a vehicle or pedestrian, etc. coming from the alley in an area where housing is concentrated as a traffic lane of one lane from F to E apartment, and to prevent the accident in advance by safely driving while maintaining a proper speed in preparation for the possibility of a vehicle or pedestrian, etc. coming from the runway.

Nevertheless, the Defendant did not discover the victim G (77 years old) who has been crossing the above road from the left side to the right side by neglecting it and neglecting it, while under the influence of a small distance and face with a little red. The Defendant did not discover it and received it in front of the right side of the Defendant’s vehicle.

After all, the Defendant driven the said car in a state where normal driving is difficult due to influence of alcohol, and suffered injury, such as the closure of the bones of wood, which requires about ten weeks medical treatment, from the victim.

2. The Defendant, at the time and place specified in Paragraph 1, driven the frighting passenger car under the influence of alcohol by 0.135% in blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. The actual condition survey report;

1. Statement on the circumstantial statement of the employee;

1. Report on the circumstances of an employee;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) regarding criminal facts and Article 148-2 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018).

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