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(영문) 청주지방법원 2019.03.28 2018고단2354
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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. The Defendant is a person engaged in driving a B rocketing car.

At around 06:20 on September 16, 2018, the Defendant, while under the influence of alcohol with a 0.166% alcohol concentration in blood, proceeded at a non-fluent speed from the Epact gate to the Epact gate, while he was under the influence of alcohol with a 0.16% alcohol concentration in blood.

There are one lane in which the center line of yellow-ray is installed, so in such cases, the driver of the motor vehicle has a duty of care to thoroughly operate the motor vehicle in the front line and to safely drive the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was negligent in driving at the center line due to the negligence of driving the center line, and the victim F(the age of 52) was driven by the victim F(the age of 52).

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim F by driving the said car for about two weeks.

2. Violation of the Road Traffic Act (driving) the Defendant driven the said vehicle under the influence of alcohol with a blood alcohol content of about 0.166% at the section of about 10 meters from the Do in front of the E University L, Seo-gu, Seowon-gu, Seowon-gu, Cheongju-si, to the road in front of the “D” restaurant located in the Cheongju-gu, Seowon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. Statement on the circumstantial statement of the employee;

1. A medical certificate;

1. Application of statutes on site photographs;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of driving a motor vehicle on a hazardous level) on criminal facts; Article 148-2 (1) of the Road Traffic Act (the point of driving a motor vehicle on a hazardous level); and Article 15

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