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(영문) 청주지방법원영동지원 2020.08.13 2020고단59
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and two 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. The defendant is a person engaged in driving a motorcycle BFama125 motorcycle;

On March 19, 2020, the Defendant driven the above motorcycle with a blood alcohol concentration of 0.217% at around 15:25, while under the influence of alcohol, it was difficult to drive it normally, and led the Defendant to drive it on the two-lanes between two-lanes, one of the two-lanes.

At the time, the Defendant was under the influence of alcohol, so in such a case, the driver is prohibited from driving a motorcycle, and there was a duty of care to prevent accidents in advance by accurately manipulating the front door and the left door and the left door and the left door and the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol, tried to see the part of the Defendant’s motor vehicle back to the front part of the motor vehicle, which was driven by the victim C (MM5) prior to the same lane due to the negligence in which the Defendant was negligent.

As a result, the Defendant driven the above motorcycle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as dump dump, tension, etc. in need of treatment for about two weeks.

2. On March 19, 2020, the Defendant: (a) driven a motorcycle as stated in paragraph (1) in the state of alcohol alcohol concentration of approximately 0.217% at the 1km section from the Do in front of a F cafeteria in the Chungcheongnam-gun E, Chungcheongbuk-gun to the 132-ro of the same Eup/Myeon from the 15:25,000 to the adjacent road.

Summary of Evidence

1. Defendant's legal statement;

1. Traffic accident report, accident site photograph, investigation report, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to internal investigation reports (victim C telephone communications) and diagnostic certificates;

1. Criminal facts;

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