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(영문) 청주지방법원 2017.05.18 2016고단2557
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 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 B Poter B truck owned by the defendant who is not covered by mandatory insurance.

On October 22, 2016, the Defendant, while under the influence of alcohol of 09:15, operated a one-lane road of 0.206% of alcohol content in the blood transfusion, according to a one-lane road of Do, which is located in a large part of the Chungcheongbuk-si, Chungcheongnam-si, Chungcheong-si, according to the U.S. original Myeon Office from the U.S. nuclear compromise bank.

Since there is a place where the center line of yellow solid lines is installed, there was a duty of care to ensure that a person engaged in driving service is obliged to thoroughly operate the front line and safely operate the tea.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to drive in such a state that it is difficult to drive under normal conditions as being red, with a large smelling, and so on, he was driven by the central line and by negligence while driving the motor vehicle on the opposite lane, and received the front part of the DNA motor vehicle driven by the victim C, which was driven by the victim C, as the front part of the said cargo truck.

Ultimately, the Defendant’s negligence on the above job, thereby causing injury to the victim E (the 82-year old), a passenger of the said rocketing car, to the injury of brain-dead sugar, etc. without any wound in the two opens requiring approximately two weeks medical treatment, and at the same time, suffered injury to the victim F (the 65-year old) for brain-dead sugar, etc. with no wound in the two opens requiring approximately two weeks medical treatment, and at the same time, damaged the above rocketing car to the extent of KRW 183,00,000, such as maintenance of smooth exchange of the car.

Summary of Evidence

1. Statement by the defendant in court;

1. A C's statement (the occurrence of a traffic accident);

1. A report on the occurrence of a traffic accident, a survey report on the actual condition and a statement on the circumstances of the driver at home;

1. Hearing statements from investigative reports (victim C);

1. An accident scene photograph;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) and Article 5-1 of the same Act concerning the crime committed.

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