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(영문) 청주지방법원 2019.10.10 2019고단1610
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On July 7, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (hereinafter referred to as “Aggravated Punishment, etc.”) (hereinafter referred to as “Aggravated Punishment, etc.”) (hereinafter referred to as “Aggravated Punishment, etc.”) was driving on the two-lane road in front of B B of the Cheongju-si, Cheongju-si, and the blood alcohol concentration of 0.470%, making it difficult for the Defendant to drive the vehicle normally

At the time, there was another vehicle driving on the above road at night, and thus, the defendant was obliged to take care of his duty of care in the safe way by properly operating the steering gear and steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, went away from the driving lane without properly operating the steering direction and operation system, and was shocked on the top side of the operation of the said vehicle, and re-drawed the centralized separation zone on the side of the driver’s seat of the said vehicle.

The Defendant, by such occupational negligence, sustained injury to the victim D (the age of 37) who was a passenger of the said car, such as salt, tensions, etc., requiring approximately two weeks of medical treatment, and also suffered injury to the victim E (the age of 35) who was a passenger of the said car for about three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) driving the said K5 vehicle while under the influence of alcohol with approximately 0.470% alcohol concentration from the roads indicated in paragraph 1, which were approximately 15 kilometers away from the roads located in the boom-gun, Chungcheongnam-gun, Chungcheongnam-gun, the date and time limit set forth in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition, an accident camera, and on-site photographs;

1. Statement on the circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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