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(영문) 청주지방법원 2018.06.20 2018고단398
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] The Defendant was issued a summary order of 1.5 million won by the Cheongju District Court on November 20, 2015, for a crime of violating the Road Traffic Act (driving).

[Criminal facts]

1. The Defendant is a person engaged in driving a freight vehicle with the approval of the head of the landing ground B in the case of violation of the Road Traffic Act.

On January 18, 2018, while under the influence of alcohol content 0.151% during blood transfusion around 23:40 on January 18, 2018, the Defendant driven the above cargo vehicle from the road front of the “Seongsung Service Center” located in the 1016-ro 1, Seo-gu, Seo-gu, Seoju-si to the road front of the “Seongsan Service Center” located in Samsung Service Center located in the south of the same Gu.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving), violation of the Road Traffic Act, and violation of the Guarantee of Compensation for Automobile Damages, while under the influence of alcohol content of 0.151% in blood at the time specified in paragraph (1), the Defendant driven the above cargo vehicle not covered by mandatory insurance, thereby driving the above cargo vehicle and driving it along the road front of the Samsung Service Center, which is located in the area of 4-0 south-gu, Cheongju-gu, Cheongju-gu, Seo-gu, Nam-gu, Seoul, along the seven-lane distance from the west-dong, south-do.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents in advance by accurately operating the steering direction and brake system, reducing speed according to traffic conditions and safely.

Nevertheless, the Defendant neglected to drive under the influence of such drinking as above and proceeded as they were, due to negligence, while driving in the same direction as they are, and thereby, took the part of the Defendant’s trucking vehicle C (Woo, 48 years old) driving, which was waiting in the same direction as the one of the Defendant’s cargo vehicle.

As a result, the Defendant suffered injury to the above victim, such as salt, tension, etc. in need of treatment for about 14 days by negligence in the above business.

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