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(영문) 청주지방법원 2020.10.20 2020고단1301
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of two years and four months.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 13, 2016, the defendant has been issued a summary order of KRW 7 million at the Cheongju District Court for the violation of the Road Traffic Act.

On June 13, 2020, the Defendant was driving at a 0.202% of blood alcohol concentration at around 23:20, while under the influence of alcohol level B, as his duties, the Defendant was driving at a ewing-III truck, B, 0.2%, and was driving at a speed of about 30 km per hour, depending on the two-lane road from the Hyeong-gun, Chungcheongnam-gun, the center of 10-ro 12:0,00 in the center of Chungcheong-gun, Chungcheong-gun, the front part of the Di30 vehicle driven by the victim C, who was under a stop, in order to turn in the front direction at the time, and received the front part of the Di30 vehicle in front of the above part as the cargo in front of the C, who was under the influence of alcohol, due to the influence of alcohol, such as the eromatic, inaccurate, and the irregular distance.

Ultimately, the Defendant driving a motor vehicle in a state where normal driving is difficult due to the influence of drinking, resulting in injury to the victim C, the victim E and the victim F, who is the passenger of the said i30 motor vehicle, by causing about two weeks of treatment respectively, such as salt c, tensions, and so on. At the same time, the Defendant violated the prohibition of drunk driving at least twice, and at the same time, driven the above Ⅲ-III truck without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. On-site photographs, on-site surveys, and on-site surveys, and each medical certificate;

1. Report on the state of drinking drivers, report on the control of drinking driving, and the register of driver's licenses;

1. Previous records of judgment: Application of criminal history records, investigation reports (attached to previous records and copies of summary orders);

1. Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the pertinent criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act (the point of a sound driving), Article 152 subparag. 1 and Article 43 of the Road Traffic Act (the point of a safe driving).

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