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(영문) 청주지방법원 2017.08.31 2017고단754
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

【Criminal Records of Crimes】 The Defendant was issued a summary order of one million won for the same crime in the same court on November 23, 2007, and a person who was issued a summary order of 1.5 million won for the same crime in the same court on April 13, 2011.

【Criminal facts】 The Defendant is a person engaging in driving a vehicle B K3.

On March 19, 2017, the Defendant, while under the influence of alcohol content of 0.107% during blood transfusion around 21:08, was under the influence of Cheongju-si, Seowon-gu, Seowon-si, and the front distance was under the influence of 0.107%, turn to the left.

At the same time, in such cases, the automatic driver has a duty of care to prevent accidents in advance by safely driving a person engaged in the automatic driver's service, such as checking the traffic situation in the front of the course, accurately manipulating the steering gear, etc.

Nevertheless, the Defendant was in the atmosphere of signal at the front bank of the Defendant while driving the said vehicle under the circumstances where it is difficult to drive the vehicle normally, such as in-fluoring, driving a stroke, etc., under the influence of alcohol.

E The lower part of the FM5 car driven by the Defendant was the front part of the car driven by the Defendant, and the victim G (e.g., 40 years old) who was on the said SM5 car was on the vehicle in front of the car driven by the Defendant was suffering from the injury of light and tension, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each written statement of E and G;

1. The actual survey report and on-site photographs;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A medical certificate;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (report on confirmation of the history of drinking driving), and application of a copy of each summary order;

1. Article 148-2 of the Road Traffic Act and Articles 148-2(1)1 and 44(1) of the same Act (the point of drinking and the choice of imprisonment) regarding criminal facts and the aggravated punishment for specific crimes.

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