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(영문) 청주지방법원 2021.01.14 2020고단1884
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 11, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving of Danger) driving a CMF6 vehicle on the front of the B B in the Yeong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, and proceeded from the direction of the place where the vehicle was planted to D elementary school.

Since the place is a road on which a central line is installed, a person engaged in the driving of a motor vehicle shall maintain the vehicle line and drive the motor vehicle according to the driving line, and shall not drive the motor vehicle while it is difficult to drive the motor vehicle normally due to influence of drinking or drugs.

Nevertheless, the Defendant, while under the influence of alcohol level 0.191% in blood, proceeded with the median line along the opposite line, and proceeded with the opposite line. In order to avoid a collision with the Defendant’s vehicle, F300cc of the victim E-driving driven in the direction of the Defendant’s passenger vehicle in the passenger vehicle of the Defendant, the Defendant rapidly changed the direction to the left side in order to avoid a collision with the Defendant’s vehicle.

Ultimately, the Defendant, under the influence of alcohol, driven a central line in a state where normal driving is difficult, and caused the victim, who was proceeding on the opposite part, to suffer injury, such as salt, tension, etc., of the part of the arms elbow which requires treatment for about two weeks in the process of rapidly changing the direction in order to avoid collision with the Defendant’s automobiles.

2. On August 11, 2020, the Defendant was under the influence of alcohol level 0.191% while driving a CM6 car on the front side of Heung-gu Seoul Metropolitan City, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju, with the influence of alcohol level 0.191%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to notify a survey report on the actual situation, an accident scene photograph, the circumstantial statement of a driver who takes the boom fluor video-fluoring, and the results of regulating drinking driving;

1. Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (the act of causing danger driving) as to the crime and Article 148-2(3) of the Road Traffic Act.

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