logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2020.08.18 2020고단873
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 2, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driving at 49cc Orala, in a state where it is impossible to drive normally due to alcohol concentration of 0.130% under the influence of alcohol level on April 2, 2020, and driving at 49cc Orala, which was driving in front of the Heung-gu Seoul Special Metropolitan City, in the direction of the Measures Party.

At the time of night and the above road was installed as a separation cost, a person engaged in driving a motor vehicle shall not drive a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and a person engaged in driving a motor vehicle has a duty of care to prevent accidents by properly manipulating the steering direction and the brakes into the right side of the central separation zone while driving the motor vehicle in good manner.

Nevertheless, the Defendant neglected this and went to the left side of the central separation zone of the above road, and continued to run the vehicle in the direction of the normal direction at the front of the road, and led the victim E, who is the passenger of the above Obaba, to suffer injury, such as the left flabing on the left side in need of approximately eight weeks of treatment.

2. Around 20:10 on April 2, 2020, the Defendant driven a blood alcohol concentration of about 0.130% from the front of the F apartment in Seo-gu, Seo-gu, Seo-gu, Chungcheongnam-si to the front of the Cheongju-gu, Chungcheongnam-gu, as described in paragraph (1) of this Article, 49c Scoo-coo, who is unable to display a license plate, under the influence of alcohol at about 5 km from around 20:10.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. On-site photographs, reports on the occurrence of traffic accidents, and medical certificates;

1. Application of Acts and subordinate statutes to notification of the circumstantial statements of a drinking driver and the control of drinking driving;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes for which the choice of punishment was made (amended by Act No. 16922 of Feb. 4, 2020).

arrow