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(영문) 청주지방법원 2018.05.30 2018고단123

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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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

The Defendant is a person engaging in driving a rocketing car.

On December 6, 2017, the Defendant driven the above vehicle in front of the CJB-distance 854 in the Cheongju-si, Seog-gu, Cheongju-si, 0.248% of alcohol content among blood transfusion around 01:40, and led to the flow of the opening distance from the north SJ-gu, Seog-si.

Since there have been frequent traffic of vehicles, the driver of the vehicle is obliged to take care of the operation of the vehicle and the right and the right and the right and the right and the right and the right and the right and the right and the duty of care to operate the vehicle safely by accurately operating the steering and the system.

Nevertheless, the Defendant neglected to drive a car while under the influence of alcohol and failed to see the front section properly while driving it in a difficult condition to drive in a normal manner, and led the victim C (18 years old) who was under the influence of the signal waiting in the front section of the Defendant to drive a car.

Ultimately, the Defendant suffered, by the above occupational negligence, approximately two weeks of injury to the victim C and the victim E (18) of the victimized vehicle E (3) for each of the following reasons: (a) the victim F (18) of the victim of the victim’s vehicle, and (b) the victim F (18 years of age) with approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. C’s statement;

1. A survey report on actual conditions;

1. Written reply to an appraisal;

1. A medical certificate;

1. Application of accident scene and vehicle photographs-related Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The same criminal records are two times, and the blood alcohol concentration is high.