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(영문) 청주지방법원 2016.06.09 2016고단655

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 26, 2016, the Defendant, who is engaged in the driving of Lone Star Co., Ltd., driving the said vehicle under the influence of alcohol content of 0.198% in blood without a driver’s license on March 26, 2016, and driving three lanes in front of D in the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the C of the vehicle.

At the time, there was a vehicle prior to the front door, so in such a case, there was a duty of care to ensure the safe operation of the brakes by accurately manipulating the brakes while keeping the front, rear and left well and maintaining the safety distance.

However, Defendant E (26) who was under the influence of alcohol without a driver’s license while neglecting the duty of care as seen above, and the front part of Defendant E (26) who was under the influence of a vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle, and the vehicle in front of the vehicle in front of the vehicle in front of the vehicle in front of the vehicle continued to have the vehicle in front of the vehicle in front.

Ultimately, the Defendant driven under the influence of such drinking as above, and suffered injury such as salt, tension, etc. of the chill that requires approximately two weeks of treatment to the victim, by driving under the influence of normal driving.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A survey report on actual condition, notification of the results of crackdown on drinking driving, report on the circumstances of the driver driving, determination of crackdown on drinking and inquiry, and the register of driver's licenses;

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, Article 152 subparagraph 1, Article 43, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. The aggravated Criminal Act for concurrent crimes.