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(영문) 청주지방법원 2019.07.23 2019고단1043
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On April 30, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven a vehicle with a blood alcohol concentration of 0.167%, making it difficult for the Defendant to drive the vehicle normally. On April 30, 2019, the Defendant driven a three-lane road along the three-lane road in front of D in Seowon-gu, Seowon-gu, Seowon-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si.

At the time, there were other vehicles passing on the above roads, and thus, the Defendant was obliged to take a duty of care in the safe way by properly manipulating the steering left and left well and the steering gear of the Defendant who was engaged in driving.

Nevertheless, under the influence of alcohol, the Defendant neglected it, did not keep the front door well, and did not stop from time to time. However, the Defendant got off the part of the victim E (the 60-year-old driver) who was stopped for passengers getting off from three lanes preceding the Defendant’s proceeding direction, following the driver’s seat of the victim E (the 60-year-old driver) who was parked in order to get off the passenger.

The Defendant suffered injury, such as salt, tension, etc., by occupational negligence, to the victim G (24 years old) who was a victim E and the passenger of the said taxi, for approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) at the time and time set forth in Paragraph 1, the Defendant driven the said car from the first road located in the Cheongwon-gu, Seowon-gu, Seowon-gu, Seowon-si, in a considerable range of 0.167% of blood alcohol level as above, to D with approximately 1km away from the first road in the Cheongwon-gu, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Report on the occurrence of a traffic accident, report on the actual condition, report on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, report on the circumstantial statement of a drinking driver, and investigation report;

1. Application of Acts and subordinate statutes to photographs, diagnostic documents, and written estimates on the accident site;

1. Criminal facts;

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