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(영문) 청주지방법원 2017.05.11 2016고단2493
특정범죄가중처벌등에관한법률위반(위험운전치상)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

The defendant is a person engaged in driving a motor vehicle B with detached motor vehicles.

On August 19, 2016, the Defendant driven the said car under the influence of alcohol concentration of 0.173% from blood transfusion around 18:45 on August 19, 2016, and continued one lane from the two-lane road to the Clock-gun of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Since there is a place where the passage of a vehicle is frequent, there was a duty of care to drive safely by accurately manipulating the steering direction and brake system to prevent any interference with the operation of another vehicle before and after the change of the vehicle to a person engaged in driving of the vehicle.

Nevertheless, the Defendant neglected this and changed the vehicle line into two lanes due to difficult driving in a normal condition under the influence of alcohol, and received the part on the left-hand part of the DNA car driven by the victim C (V, 64 years old) who was driving in the front of the Defendant, following the driving of the DNA car by the victim C (V, 64 years old).

As a result, the Defendant suffered injury to the victim C, such as brain-dead, salvinitis, etc., which requires approximately four weeks of medical treatment, and injury to the victim E (V, 73 years of age), including 7 chest pressure pressure and cerebral salina, etc., which require approximately six weeks of medical 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. C’s statement;

1. A survey report on actual condition and an accident scene photograph;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 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 former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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