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(영문) 청주지방법원 2018.10.04 2018고단838

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment with prison labor for up to six 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

1. The Defendant is a person who is engaged in driving a vehicle BK5 vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk).

On March 10, 2018, the Defendant driven the above vehicle while under the influence of alcohol 0.167% of alcohol during blood transfusion at around 05:10, while driving on the two-lane road in the front of the Cheongju-si Public Procurement Service located in the 52-lane 189, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju-si, with the flow of the two-lanes from the long-distance outflow of the terminal shooting distance, and received the roadside trees installed on the right-hand side of the road, which was driven by wrong operation of the steering gear under the influence of alcohol, while normal driving is difficult due to the influence of alcohol.

Ultimately, the Defendant suffered injury, such as a chest felling, which requires approximately four weeks of medical treatment, to the victim C (V, 16 years of age) who was on board the above vehicle due to such occupational negligence.

2. On March 10, 2018, the Defendant: (a) driven B 5 vehicles under the influence of alcohol concentration of approximately 0.167% in blood, from the 8km section to the road in front of the Cheongju-si Public Procurement Service located in the Nowon-gu, Seowon-gu, Seowon-si, Cheongju-si, Seoul, to the 52-lane 189-gil-gu, Cheongju-si; (b) around March 10, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, E, or C;

1. Report on the occurrence of a traffic accident, report on the results of regulating the driving of drinking, report on the circumstances of the driver who takes driving, and report on actual condition;

1. 112 Reporting case handling table;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the punishment of the crime, the choice of imprisonment for each sentence;

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. Reasons for sentencing in Article 62-2 of the Criminal Act [the scope of recommended punishment] of the Criminal Act is the area where a traffic accident is mitigated (one month to eight months).