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(영문) 청주지방법원 2018.05.24 2017고단2734
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 who is engaged in driving a 2-car with a gallon.

On September 21, 2017, the Defendant driven the said car under the influence of alcohol content of 0.155% among blood transfusions on September 21, 2017, and led the Defendant to drive the said car at the 0.15% of alcohol level from the front side of the “D” located in the Heung-gu Seoul Special Metropolitan City, Chungcheongnam-gu.

In this case, the driver of the vehicle has a duty of care to take the front side and the left side well and to accurately manipulate the steering and brakes so as to prevent the accident in advance.

Nevertheless, the Defendant neglected to do so and took the back part of the E-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

As a result, the Defendant, while driving a 2 car with the above gallon in a situation where it is difficult to drive the car normally due to the influence of drinking, suffered injury such as salt, tension, etc. by driving the 2 car for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

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

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be aggravated by the concurrent crimes resulting from the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the heavier punishment: Provided, That the lowest sentence shall be determined by the punishment that is provided for the crime of violating the Road Traffic Act (driving)];

1. Article 62 of the Criminal Act:

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