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(영문) 청주지방법원 2015.03.19 2015고단76

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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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 26, 2010, the Defendant was notified of a summary order of a fine of KRW 2.5 million at the Cheongju District Court for a violation of the Road Traffic Act, and on January 7, 2015, the Defendant was a person who violated the prohibition of drinking driving regulations at least twice by requesting a summary order of KRW 3.5 million for a violation of the Road Traffic Act to the Cheongju District Court on January 7, 2015.

On January 4, 2015, at around 23:00, the Defendant driven a mast car with a blood alcohol concentration of 0.168%, and led to the driving of the CG life health apartment in front of the BG life health apartment road, under the monthly name of Cheongju-gu, Goju-gu.

At night, there was an intersection in which signal apparatus is installed at the front of the road, and even though the Defendant was under the influence of alcohol, the Defendant was unable to drive normally in a state of difficulty, such as a remote distance, due to the Defendant’s negligence in the front of the road at night and the failure to operate the brake system accurately, and the part of the Defendant was followed by the E-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to drinking, and suffered injury such as salt, tension, etc. by driving the car to the victim D for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements prepared in D;

1. Notification of the actual condition survey report, diagnosis report, field photograph, the circumstantial statement of a drinking driver, and the results of the drinking control;

1. Previous convictions: Summary order and application of Acts and subordinate statutes written indictment;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of drinking and the choice of imprisonment), and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving, and

1. Article 37 of the Criminal Code among concurrent crimes.