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(영문) 청주지방법원 2016.11.22 2016고단957
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

[criminal power] On April 24, 2007, the Defendant issued a summary order of one million won or more for a violation of the Road Traffic Act at the Cheongju District Court, and on August 4, 2009, the same court issued a summary order of 2.5 million won or more for a violation of the Road Traffic Act, and on August 17, 2015, the same court issued a summary order of 4 million won or more for a violation of the Road Traffic Act.

【Criminal Facts】

1. The Defendant is a person who is engaged in driving a B carone vehicle.

On October 15, 2015, at around 15:05, the Defendant driven the said vehicle while under the influence of alcohol of 0.158%, and led the Defendant to drive the said vehicle in the influence of alcohol of 0.158%, and proceed with one lane in front of the DNA in Jincheon-gun, Chungcheongnam-gun.

At the time, there was a duty of care to drive safely by checking the right and the right and the right and the right and the right and the right and the right of the defendant engaged in driving service.

Nevertheless, the Defendant neglected to drive the said car while driving the said car on a normal basis due to the influence of drinking, caused the injury to the victim G (the age of 38) who was in company with approximately two weeks of medical treatment by taking back the back part of the said car fran vehicle as the front driver of the said car, and taking about two weeks of medical treatment to the victim G (the age of 38).

2. The Defendant violated the Road Traffic Act (unlicensed driving) and the Road Traffic Act (driving without a license) as a person who has been punished for a violation of the Road Traffic Act on at least two occasions, and driving a carone while under the influence of alcohol without a driver’s license at the time and place specified in the above paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. E statements;

1. The actual condition survey report and photographs of the accident site;

1. Notification of the results of the drinking driving control;

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