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(영문) 청주지방법원 2017.11.29 2017고단1979

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

On September 9, 2016, the Defendant was under the influence of 0.147% of alcohol concentration in the blood while driving a bex motor vehicle on the side of the normal distance from the sloping-si, Cheongju-si, Cheongju-si, Young-gu, 2016.9. 9. 04:00, the Defendant was under the influence of 0.147% of alcohol concentration in the blood.

At the time, there is a pedestrian crossing where a signal, etc. is installed at night and at that time, so the driver of the motor vehicle had a duty of care to take care of the front door and the left and right, and to prevent the accident by accurately manipulating the steering direction and the brake system.

Nevertheless, under the influence of alcohol, the Defendant neglected to operate the operating system, and failed to properly operate the operating system, and was driven by the victim C (42 ) who was under the influence of the signal atmosphere due to negligence, and was driven by the victim C (42 ).

As a result, the Defendant, while driving a car in a situation where normal driving is difficult due to the influence of drinking, was driving the car and caused the above victim C to suffer from the fact that the above victim C needs to be treated for about two weeks.

Summary of Evidence

The Defendant’s legal statement C’s written traffic accident occurrence report, the actual survey report, the notification of the results of the control of the driving of vehicle photographs, the investigation report on the state driver’s circumstantial records (the state of the State driver’s license), and the application of statutes.

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, the choice of imprisonment with prison labor, etc. concerning the crime;

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

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

4. Protection observation and taking lectures, the reason for sentencing under Article 62-2 of the Criminal Act [the scope of recommendations] [the grounds for sentencing under Article 62-2 of the Social Service Order Act [the scope of recommendations] is not a punishment for the basic area (4 months to one year) (the special mitigation (the special mitigation).