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(영문) 청주지방법원 충주지원 2013.06.14 2013고단233
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

On November 27, 2008, the Defendant was sentenced to a fine of KRW 2.5 million for the crime of violation of the Road Traffic Act in the Chungcheong District Court's Chungcheong Branch's Assistance on November 27, 2008, and a fine of KRW 5 million for the same crime in the same court on August 31, 2012, and on May 3, 2013, the Defendant was sentenced to the suspension of the execution for 8 months in imprisonment with labor for the same crime in the same court on May 11, 2013, and the judgment became final and conclusive on May 11,

The defendant is a person who is engaged in driving a C-freight truck.

On April 20, 2013, the Defendant, without obtaining a driver’s license at around 13:10 on April 20, 2013, driven the above truck with a drinking alcohol concentration of 0.237%, making it difficult to drive the truck normally due to the influence of drinking, while driving the truck, and driving the two-lane road at a speed of about 30 km from the extreme side in front of the gold king-Eup office located in the Geumdo-Eup Office of Chungcheongnam-gu, Chungcheongnambuk-gun, Chungcheongnam-do.

In such cases, the driver has a duty of care to operate safely by accurately operating the steering gear and brakes while living in the front line with the driver.

Nevertheless, the Defendant neglected to do so and neglected the part of the truck fronter part of the Defendant’s truck, which was driven by the victim D(34 years of age) who was stopped to turn to the left before the direction of the Defendant’s proceeding, received the rear penter part of the right side of the Ebeer or the car.

Ultimately, due to the above occupational negligence, the Defendant suffered from the Defendant’s fluoral dysium, which requires approximately three weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Statement on the state of drinking drivers, and report on the observation of drinking drivers;

1. The actual condition of traffic accidents, on-site photographs;

1. Registers of driver's licenses;

1. A medical certificate;

1. Inquiries, notifications of dispositions not being made, reports on the results of confirmation, and investigation reports (Attachment to summary orders);

1. A previous conviction in judgment: An inquiry report and investigation report are the same as the previous one;

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