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(영문) 청주지방법원 2016.10.27 2016고단1526
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

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (the Defendant is engaged in the driving of a B-hurd vehicle, and around July 5, 2016, the Defendant was driving the said vehicle under the influence of alcohol level of 0.207% due to the influence of alcohol level around 23:30 on July 5, 2016, while driving the said vehicle, and driving the said vehicle under the influence of normal driving is difficult, and driving the two-lanes near the B-hurn Highway located in B-gu, Chungcheongnam-gu,

At the same time, the Defendant was behind the victim C(55 years old) driving in the same direction, and the Defendant, who is engaged in driving of a motor vehicle, had a duty of care to prevent the occurrence of the accident, such as making it well-known, securing safety distance, and preventing the collision with the vehicle in front.

Nevertheless, the Defendant neglected this and proceeded with the rear part of the above Kash Trucking Vehicle, which was proceeding earlier, due to the negligence of the Defendant.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as salt, tension, etc. of the chill that requires treatment for about two weeks.

2. Around 23:30 on July 5, 2016, the Defendant driven a vehicle B-lurged from the front of a mutual influent restaurant located in the Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do to the lower 247km of the middle-speed Highway located in the Heung-gu, Chungcheongnam-gu, Chungcheongnam-do, under the influence of alcohol by 0.207% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reports on the actual condition survey report, vehicle photographs, the circumstantial statement of a drinking driver, and notification of the results of the regulation of drinking driving;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Imprisonment with prison labor chosen;

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