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(영문) 청주지방법원 2017.10.12 2017고단1114

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not less than eight months.

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

1. The Defendant is a person who is engaged in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from a dangerous driving).

On May 7, 2017, the Defendant driven the said lusular vehicle with a alcohol content of 0.198% in alcohol around 22:00, while driving the said lusular vehicle, and proceeded at a speed of about 20km per hour at the middle school of Cheongju City, which is located in 15 in a lusium in a lusular city, from the bank of the central office of postal service, at a speed of about 15km in the lusular middle school.

Since the place was parked on the front side, the driver had a duty of care to live well on the front side and to accurately manipulate the brake system and prevent the accident.

Nevertheless, the Defendant, by negligence while under the influence of alcohol, was driven in a state where normal driving is difficult, suffered from the left side of the victim C (the 57-year-old driver’s darbed vehicle of the victim C (the 57-year-old driver’s dar), and suffered from the victim E (the 60-year-old driver’s dar) who was on the hurbed vehicle with approximately 2 weeks of medical treatment, and suffered from the victim E (the 60-year-old driver’s darb) who was on the hurged vehicle with approximately 2 weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driven the said vehicle from the central park located in the city park located in 33 Don-ro 5, a 55-day above the Cheongju-si in a considerable amount of Cheongju-si, in a state of alcohol content of 0.198% as stated in paragraph (1) at the time and place described in paragraph (1) to the front of the erog middle school located in 15 meters above the Cheongju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Reports on the occurrence of a traffic accident;

1. A survey report on actual conditions;

1. An accident scene photograph;

1. Notification of the results of regulating drinking driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the pertinent provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2(2)2 of the Road Traffic Act.