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(영문) 청주지방법원 2016.12.01 2016고단1047

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

1. On April 21, 2016, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) (the Defendant), who is engaged in driving of the wing Vehicle B, was driving the said vehicle under the influence of alcohol concentration of 0.227% due to the difficulty of normal driving on April 21, 2016, along with two-lanes in front of D Industrial Company C located in the Cheongju-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju-do.

At the time, in such a case, the defendant engaged in driving of a motor vehicle had a duty of care to prevent accidents by accurately manipulating the steering and steering gear and accurately.

Nevertheless, the defendant neglected this and parked in two lanes due to the negligence of driving under the influence of alcohol, etc., the back portion of the E concrete pumps vehicle was shocked in front of the wing vehicle.

Ultimately, the Defendant suffered injury to the victim F, who was driving a motor vehicle in a difficult condition to drive normally due to the influence of alcohol, such as an inner diversopic heat and cerebral typosis, which require approximately eight weeks of medical treatment.

2. On April 21, 2016, at around 03:15, the Defendant driven a B-wing vehicle with a blood alcohol concentration of about 6km from around 0.27% under the influence of alcohol at around 0.27% from the 6km section from the 2102nd road of the petition-gu, Cheongju-si to the front road of the D-type, Goju-si, Goju-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. A traffic accident report (1) (2) (actual survey report);

1. A written appraisal of blood alcohol and a report on the detection of a drinking driver;

1. Application of Acts and subordinate statutes to the F;

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

1. The former part of Article 37 of the Criminal Code among concurrent crimes.