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(영문) 청주지방법원 2019.10.10 2019고단1564
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. On July 11, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (the Defendant), around 19:00, was driving on the one-lane road in the vicinity B of Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, with a blood alcohol concentration of 0.188%, while normal driving is difficult due to the influence of alcohol, and driving of C Poter freight on the side of the bamboo Health Center.

At the time, there are other vehicles passing along the above road, so the defendant was a duty of care to live well in the front direction and properly manipulate the steering and brakes so that the defendant was engaged in driving service and to proceed with it in a safe way.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not properly operate the steering direction and brakes without properly putting the steering direction and brakes on the front part of the said cargo vehicle, and she was faced with the part on the front part of the said cargo vehicle by the victim D(the age of 44) driving, which was proceeding in the direction of the Defendant’s running.

The Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately three weeks of treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving the said cargo vehicle while under the influence of alcohol by 0.188% of the blood alcohol concentration from “G” restaurant located in “G” restaurant at the Cheongju-si, as described in paragraph (1) to the roads indicated in paragraph (1) 1, approximately one kilometer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The actual condition of traffic accidents;

1. Report on the results of the control of drinking driving, and report on the circumstantial statement of a drinking driver;

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

1. Relevant legal provisions concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act, and choice of imprisonment, respectively;

1. Of concurrent crimes, punishment under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act is added.

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