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(영문) 청주지방법원 2020.04.23 2019고단2428
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On October 7, 2010, the Defendant was issued a summary order of KRW 3 million at the Cheongju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was a person engaging in driving a BNEW EF rocketing car, and was under the influence of alcohol at the left-hand turn, driving of the said vehicle on the roads of substantial C in Cheongju-si, Cheongju-si on September 8, 2019, and under the influence of alcohol concentration of 0.166%.

In such cases, there was a duty of care to prevent accidents by properly manipulating the brakes to those engaged in driving business.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the operation of the operation system, and the victim D(37 years of age) who was in the atmosphere of the signal while being pushed ahead of the above vehicle due to the negligence of failing to operate the operation system properly, and received the front part of the EM6 car in front of the above rocketing other car.

After all, the Defendant, while driving the said rocketing car in a situation where normal driving is difficult due to influence of alcohol, suffered injury to the victim D, such as salt, tension, etc. in need of a two-day medical treatment, and injury to the victim F (F, 3 years old), G (V, 4 years old) who is the passenger of the damaged vehicle, due to each two-day medical treatment.

2. A violation of the Road Traffic Act (driving) was driven by the Defendant at approximately 900 meters section while under the influence of alcohol at around 0.166% of blood alcohol concentration from the first restaurant in a considerable area of the Cheongju-si to the road located in the same Gu C at the time and time as stated in paragraph (1) of this Article.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of traffic accident;

1. The actual survey report and on-site photographs;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Each written diagnosis;

1. A statement on criminal records, etc.;

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