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(영문) 청주지방법원 2016.01.14 2015고단1805
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 29, 2007, the Defendant violated the Road Traffic Act (drinking driving), issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving), and issued a summary order of KRW 3 million as a fine in the same court around December 4, 2009 at the same court.

On October 18, 2015, at around 22:50, the Defendant driven a DNA-learning car under the influence of alcohol content 0.214% from a section of approximately 5 km from a mutual influence restaurant located in the Heung-gu B, Chungcheongnam-gu, Chungcheongnam-gu to the front road of the convenience store located in the same Gu.

2. On October 18, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) was driving the said vehicle on the one-lane road in front of the convenience store C located in Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, and was driving the said vehicle in the direction of the Cheongju in the direction of the Cheongju. While it is difficult for the Defendant to drive the vehicle normally due to the influence of drinking, the Defendant suffered from the injury, such as salt and tension, etc. in need of a two-day medical treatment for each of the two-day passenger vehicles to the victim G (the victim F(57 years old) who is the driver of the said K5 vehicle and the passenger (the age 19 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. A survey report, diagnostic certificate, or photograph of an accident vehicle;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A) and of a summary order;

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking) of the Traffic Act and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime (the point of causing harm to the driving of a dangerous motor vehicle) of the relevant Act;

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

1. Selection of each sentence of imprisonment;

1. The aggravated Criminal Act for concurrent crimes.

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