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청주지방법원 2014.04.29 2013고단1449

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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

On March 15, 2010, the Defendant was punished by a fine of one million won by a violation of the Road Traffic Act at the Cheongju District Court on March 15, 2010, and on December 28, 2010, the Defendant was sentenced to a fine of three million won by the same court due to the same crime, etc., and was engaged in a vehicle of the same kind and four times before and after the same crime.

On August 6, 2013, at around 01:45, the Defendant driven the said car while under the influence of alcohol of 0.176% of blood alcohol concentration, and proceeded along with the second line out of the third line of the middle line of the middle line of the 3rd line from the window of the windowpon-dong 289 Cheongju-si, Soung-gu, Goi-gu. So, the Defendant was driving the said car at a level of 0.17%.

At night, there is no view to view at the time, and there is an intersection where signal lights are installed at the front. In such a case, there was a duty of care to prevent accidents by emphasizing the front side and accurately manipulating steering devices and brakes.

Nevertheless, the Defendant neglected this and proceeded with the part of the victim E-Ba-si, E-Ba-si of the victim who was waiting for the signal at the bend of the bend of the car in front of the bend of the car.

As a result, the Defendant driven a motor vehicle in a state where normal operation is difficult due to alcohol, and inflicted an injury on the climatic base, which requires treatment for about three weeks on the said victim D, and on the climatic base, which requires treatment for about two weeks on the victim F who is a taxi passenger.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The actual condition survey report;

1. Reports on detection of drivers and reports on requests for appraisal;

1. A medical certificate (D, F);

1. Records before judgment: Application of inquiry reports and investigation reports, including criminal records, and statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving while driving a motor vehicle).