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(영문) 청주지방법원 2020.07.24 2020고단347
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 30, 2016, the Defendant was issued a summary order of KRW 3 million by the Cheongju District Court due to a violation of the Road Traffic Act.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a B rocketing car.

On November 12, 2019, at around 03:01, the Defendant driven the above vehicle while under the influence of alcohol of 0.124% with a blood alcohol concentration of 0.124%, and continued the 622 distance from the window of the agricultural and fishery market from the window of the windowping distance of the Cheongju-si.

In this case, a driver of a motor vehicle has a duty of care to take the front side and left side well and to accurately manipulate the steering and brakes so as to prevent accidents.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, received the front part of the D-si driven by the victim C who stops by a stop signal with the center line by negligence, as the front part of the said vehicle.

Ultimately, the Defendant driven the said vehicle in a state where normal driving is difficult due to influence of alcohol, and suffered injury such as clothes, the lower and the pelvise, etc., which require a medical treatment for about three weeks, and injury to the victim E who boarded the said taxi, such as brain, which requires a medical treatment for about three weeks.

2. The Defendant violated the Road Traffic Act (driving) at the time and time under paragraph (1) of this Article, the Defendant driven B rocketing car with a blood alcohol concentration of about 0.124% from the 1km section to the front road of the 622-wing distance, as in the same Gu’s direct jurisdiction, from the front day of the mutually influence-dong, Heung-gu, Heung-gu.

As a result, the Defendant violated the provision on the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. An accident site photograph and a traffic accident;

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