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(영문) 청주지방법원 2018.09.20 2018고단1317

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

On June 5, 2018, the Defendant driven a motor vehicle of 0.155% alcohol concentration in blood at around 20:20, while normal driving is difficult, and tried to drive a two-lane road of D convenience store in the Cheongju-si Office C from the Cheongju-si Office to the National Meteorological Center, while driving the two-lane road of D convenience store in the Cheongju-si Office C from the Cheongju-si Office to the National Meteorological Center.

At night, the above roads were installed along the yellow domin line and divided the lanes, and the U.S. is not allowed, so the Defendant engaged in driving service had a duty of care to properly operate the steering and steering system and to proceed with it in a safe way according to the direction of the passage of the lane.

Nevertheless, the Defendant neglected to do so under the influence of alcohol and proceeded along with the foregoing, by negligence, on the road in which U.S. is not allowed, along the two-lane opposite to that of U.S. drive E(34) driving, which was proceeding along the two-lane opposite to that of U.S. in the front right-hand right-hand side of the U.S. car.

Defendant 1 suffered injury to the victim, such as salt, tension, etc. in need of approximately three weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. On-site guidance and 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. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.