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(영문) 청주지방법원 2015.05.28 2015고단357
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On March 12, 2015, the Defendant driven a CM520 car owned by B with a blood alcohol concentration of 0.129% on March 12, 2015, and continued to drive a two-lane road in front of the Eriju station located in D in a substantial area of the Cheongju City, from the reasonable park to the Sungdong Office at a speed of 40km per hour.

Although there is a vehicle waiting in the front door of the vehicle, the defendant did not accurately operate the brake system in a situation where normal operation is difficult due to influence of drinking, and the defendant did not avoid the G car driven by the victim F (the age 41) who was parked in the signal route, and did not drive the said car, and caused the victim H (the age 47) who was driven by the victim H (the age 47) who was parked in the front door of the vehicle and was waiting in the front door of the vehicle, and caused the victim F of the vehicle to suffer from the injury such as the confluence for about three weeks in need of medical treatment, and the victim H of the vehicle in need of approximately two weeks in the light of the trend and the tension for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each statement of H and F prepared;

1. Application of Acts and subordinate statutes to notification of the results of the supervision of drinking driving, such as a survey report on actual condition, a medical certificate, vehicles and field photographs, a statement in the circumstances of a drinking driver;

1. Relevant Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment with prison labor (the punishment of a fine of one million won for the crime of drunk driving in 2002 shall be imposed, taking into account the repetition of the same crime, even though the person has a record of such punishment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The suspended execution is erroneous in Article 62(1) of the Criminal Act;

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