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(영문) 청주지방법원 2021.02.23 2020고단2086
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving B Cos or automobiles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On May 13, 2020, the Defendant driven the said car under the influence of alcohol level of 0.088% among blood alcohol level around 03:30 on May 13, 2020, and changed the two-lanes into one lane at the location of 7km in the direction of Daejeon Gyeongnam Branch Highway, which is located in the Yaeaeg-ri, at the time of Yasansan.

At night, a person engaged in driving service has a duty of care to change the course in a safe way by taking into account the traffic situation of the right and the right when changing the course.

Nevertheless, the Defendant neglected to perform so under the influence of alcohol and led to the Defendant’s change of course at the two-lanes of the victim’s DESF freight vehicle, followed the left-hand part of the victim’s DESF freight vehicle, and received the part above the right-hand part of the Defendant’s driver’s car.

Ultimately, the Defendant driven a car in a state where it is difficult to drive the car normally due to the influence of drinking, resulting in injury to the victim, such as salt, tensions, etc. in a state where the victim needs to be treated for about two weeks.

2. Around 03:30 on May 13, 2020, the Defendant driven BCor or a car under the influence of alcohol content of about 0.088% in a section of about 35km from the 35km to the road at the 7km in the field of Honam Highway, which is located in the direction of Daejeon Island, in the front of the trade influence at the front of the 03:30 on the front of the fluence.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes, such as a statement report on the situation of a driver in charge of drinking, a report on the actual condition of a drinking driving control, a report on the scene of an accident, and a medical certificate (Evidence No. 20);

1. Article 5-11(1) (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 148-2(3)2 and Article 44 of the Road Traffic Act.

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