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(영문) 청주지방법원 2016.11.23 2016고단1845

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight 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

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

1. Around 02:10 on July 4, 2016, the Defendant driven a C Sspke car under the influence of alcohol content of about 0.189% at a section of about 1km from the front E, located in Heak-gu, Chungcheongnam-gu, Chungcheongnam-si, to the front of the promotion elementary school located in 107 as an air route in the same Gu.

2. Around July 4, 2016, the Defendant violated the Road Traffic Act (Aggravated Punishment Act on the Aggravated Punishment, etc. of Specific Crimes) and the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Death or Injury resulting from Dangerous Driving) (Aggravated Punishment, etc. of Specific Crimes) and the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of the Aggravated Punishment, etc. of the Aggravated Punishment, etc.

In such cases, a person engaged in driving duties of a motor vehicle has a duty of care to prevent accidents in advance by safely driving a motor vehicle, such as accurately operating the steering and brake system while keeping the traffic situation well.

Nevertheless, as described in Paragraph 1, the Defendant was negligent in neglecting to drive a vehicle at the next night due to influence of drinking, and the victim FF driving Genz car which was stopped in the future was shocked by the back criminal of the victim FF driving Genz car which was stopped in the future, and continued to proceed about about 1 km from the front road of the promotion elementary school located in 107 due to the Cheongju-gu Heak-gu Woo-gu No. Cheongju-gu, and continued to stop on the front road of the promotion elementary school located in 107.

Accordingly, the Defendant, by such occupational negligence, escaped without taking any measure to damage the said ices car to KRW 538,780,00 for repair cost, and had the victim H (26 years old) who is the passenger of the said ices car, suffered injury, such as the heart in charge of the right-hand care for about 12 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police of H. H.