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(영문) 청주지방법원 2015.01.27 2014고단1676
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

1. On October 16, 2014, at around 19:40, the Defendant driven a motor vehicle with the blood alcohol concentration of at least 0.227% in a section of about 400 meters, from the road in which it is impossible to find out the Gungdong-gu Bongdong-gu Cheongdong-gu Cheongju to view the Gungdong-gu Do-dong Do-dong Do-dong Do-dong Do-dong Do-si 1262.

2. At around 19:40 on October 16, 2014, the Defendant: (a) while driving a 1262-wide-ro 1262 vehicle in front of Heung-gu, Goi-gu, Goi-si, Goi-si, and driving a vehicle in front of the 1262-way in the direction of the terminal in the direction of the distance from the terminal shooting distance, with the influence of drinking as described in paragraph (1), the Defendant did not stop the vehicle in front by driving the said vehicle in the state of being drunk, such as the state of walking, the state of walking is narrow, and the blood color is red, and the Defendant stopped the vehicle in front of the said 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 in front of the vehicle in front of the vehicle.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury, such as crypitis, which requires approximately three weeks of medical treatment, to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D, F and G;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. A traffic accident report;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the former part of the Act on the Aggravated Punishment, etc. of Specific Crimes (the crime against death or injury resulting from dangerous driving)]

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