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(영문) 청주지방법원 2019.01.10 2018고단1653
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a period of five months.

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 who is engaged in driving a Bchip car.

On July 22, 2018, the Defendant driven the above vehicle while under the influence of alcohol 0.192% of the blood alcohol concentration around 23:40 on July 2, 2018, and led the front road of Cheongju-si C to proceed from the Cheongju-si surface of the D Hospital.

At all times, there was a duty of care to ensure that a person engaged in driving of a motor vehicle thoroughly operates the motor vehicle along the intersection with a signal, etc. and safely drive the signal.

Nevertheless, the Defendant neglected this and neglected so doing, and even if the signal, etc. in the direction of the Defendant’s proceeding is a red signal with a little string, the Defendant shocked into the front part of the driver’s vehicle in front of the driver’s vehicle, which was driven on the left side of the victim E(59 years old) driving in the direction of the Defendant’s proceeding by negligence, even though the signal, etc. in the direction of the Defendant’s proceeding is a red signal.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in the Defendant’s injury to the said victim, such as the chill of the shoulder that requires treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. An accident site photograph;

1. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

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

1. The applicable Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act (the scope of recommendations) of the Order to attend a lecture or order to provide community service shall be the first type of general traffic accident.

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