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(영문) 청주지방법원 2020.12.23 2020고단2036
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a B K5

On September 27, 2020, the Defendant driven the said car under the influence of alcohol level of 0.168% with a blood alcohol level of 0.168% on September 27, 2020, and driven the DNA road in front of the Cheongju-gu C from the E apartment room to the Fside, at a non-speed speed.

At the time, since the passage of vehicles is night and frequent, there was a duty of care to prevent accidents in advance by accurately manipulating the brakes and accurately operating the brakes.

Nevertheless, the Defendant neglected this and neglected to drive the vehicle under the influence of alcohol level of 0.168%, and neglected to neglect the front-down of the vehicle in a state where it is impossible to drive the vehicle normally, such as a string distance, and failed to accurately operate the brake system, and received the back part of the HK3 vehicle operated by the victim G while stopping in the signal waiting with the front part of the said vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and at the same time caused the injury to the victim I, who is the same passenger of the victim G and the same passenger of the vehicle that the victim was driving.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in paragraph (1) and driven B K5 mp car at approximately 500 meters from the road front of the mutual influent drinking house in the Heung-gu Soakdong-gu, Chungcheongnam-gu to the point of accident set forth in paragraphs (1), while under the influence of alcohol 0.168% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Application of Acts and subordinate statutes to the practical survey report, notification of the results of the regulation of drinking driving, the circumstantial statement of a drinking driver, medical certificate, and investigation report (victim I telephone statement hearing);

1. Relevant provisions concerning facts constituting an offense;

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