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(영문) 청주지방법원 2018.07.05 2018고단86
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

The Defendant is a person who is engaged in driving a wing and cargo vehicle B.

On January 17, 2018, the Defendant, while under the influence of alcohol 0.233% during blood transfusion, driven the said vehicle, and proceeded with the direction of Heung-gu Seoul Arts Center in front of the Seoul Arts Center, which is located in 713 in the position of Goi-gu, Cheongju-si.

In such cases, the driver has a duty of care to view the front and right and the right and the right and the right and the right and the right and the right of operation of the steering system and the system in a safe manner to prevent accidents in advance.

Nevertheless, due to the negligence of driving under the influence of alcohol on the road, the part of the back of the rocketing cargo vehicle of the victim C(T, South, 58 years old) who is waiting in the traffic signal at the front of the road was faced with the front of the said cargo vehicle, due to the shock, the victim E(T, South, 48 years old) driving while waiting in the signal at the front of the road, and continued to receive the rear part of the HG car of the victim G(T, South, 28 years old) who is waiting in the signal at the front of the road.

Ultimately, the Defendant driven the above vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as light catitis and chatitis that require two weeks of medical treatment, injury to the victim E, and injury to the catum base and tension that require approximately two weeks of medical treatment, and injury to the victim G, such as datum, tension, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement E, G and C;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. A written statement of the driver who takes charge;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. The statement in the indictment as to the crime as provided in Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes in the corresponding Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 of the Road Traffic Act.

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