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(영문) 청주지방법원 2017.05.11 2016고단2756

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year 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 1, 2016, the Defendant driven the said car under the influence of alcohol content of 0.169% from blood transfusions on December 1, 2016, while making it impossible to drive it normally due to the influence of alcohol level 0.169%, and turned the distance ahead of the mountain elementary school of 292 from the side of the Pacheon Middle School of Cheongju-si to the right side of the Pacheon-gu square.

At the time, there is a new wall and a place where a center line of yellow solid lines is installed, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to thoroughly see the front line and to safely operate the motor vehicle in a safe manner.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive in the right way while driving along the center line by breaking it, and caused the Defendant to take the left part of the victim C(60 ) driver's left part of the victim's vehicle in front of the Defendant's vehicle in front of the instant rocketing taxi, and caused the Defendant to take the front part of the FF bus of the E-driving who stops in the air due to signal, with the shocking of the said rocketing taxi, and then caused the Defendant to take the front part of the said FF bus in front of the instant rocketing taxi in front of the instant vehicle.

As a result, the Defendant suffered injury to the victim by negligence in the course of performing the above duties, such as salt and tension of the bones of wood, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A C’s statement (the occurrence of traffic accidents);

1. A report on the occurrence of a traffic accident, a survey report on the actual condition, a statement on the circumstances of the driver at home and a report on the control details;

1. Accident scene and vehicle photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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. An order to attend a course, or an order;