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(영문) 청주지방법원 영동지원 2012.07.25 2012고합9

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 16, 2010, the Defendant was sentenced to imprisonment with prison labor for 6 months, 2 years of suspended sentence, 1 year of suspended sentence, 3 years of suspended sentence, and 30,000 won of fine in the Yeongdeungpo Branch of the Cheongju District Court on May 3, 2012, and 5 times of the same criminal records.

On March 7, 2012, the Defendant, without a motorcycle driver's license, driven a non-registered motorcycle with the blood alcohol concentration of 0.176%, while under the influence of alcohol on March 7, 2012, and proceeded with the clock Kancheon-gun, Yancheon-gu, Yancheon-do road, which is located in the Yancheon-gu, Yancheon-gun, Yancheon-do, as the cyang elementary school

At this point, there is a center line of yellow solid lines, so in such a case, a person engaged in driving of a motor vehicle has a duty of care to safely operate the motor vehicle by keeping the front line well and by maintaining the tea line.

Nevertheless, the Defendant: (a) caused the victim E (the aged 38) who was parked on the left side of the back side of the motor vehicle of the victim C owned by the victim C, which was parked on the left side of the calendar direction due to the negligence of running the center line in a situation where normal driving is difficult due to the above influence of drinking; (b) caused the victim E (the aged 38) to suffer bodily injury, such as the alley of any other bridge part requiring medical treatment for about 12 weeks; and (c) at the same time, damaged the said motor vehicle to have the repair cost of KRW 867,383.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. A traffic accident report (1), report on the occurrence of a traffic accident, report on the detection of a primary driver, report on the circumstantial statement of a primary driver, and report on whether to drive any dangerous motor vehicle;

1. The register, estimates, and general certificate of driver's license;

1. Previouss before judgment: Criminal records, etc. and criminal records, etc., of the same kind as the suspect of an investigation report;

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