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청주지방법원 2018.04.26 2017고단2234

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

The defendant is a person who is engaged in driving a BM7 car.

On October 23:49, 2017, the Defendant, while under the influence of alcohol 0.274% during blood, driven the said car and driven the road of three-lanes in front of the DNA telecom in the Hanbuk-gun of Chungcheongnambuk-gu, Chungcheongnam-do, Chungcheongnam-do, the Defendant driven the said car along the one-lane distance from sunrise to sunrise on the side of the four-lane side.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to avoid accidents in advance by driving the steering gear and brakes accurately and safely.

Nevertheless, the Defendant neglected this and received the back portion of the F&M5 taxi driving car of the victim E (35 Do) waiting in the traffic signal at the front side of the above road due to the negligence of driving under the influence of alcohol, from the front side of the above SM7 passenger car, and due to the shock, the victim G (58 Do) driving in the atmosphere of the signal signal at the front side of the road.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the said victims, such as salt, tension, etc. in need of approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement of E and G;

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

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime under the relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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. Articles 53 and 55(1)3 of the Criminal Act (the fact that the commission of a crime is recognized, the fact that the commission of a crime is erroneous, the fact that there is no record of an excessive punishment exceeding the fine, and the degree of damage.