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(영문) 청주지방법원 2015.11.17 2015고단1495
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

On July 19, 2007, the Defendant was sentenced to a summary order of two million won due to a violation of the Road Traffic Act at the Cheongju District Court on July 19, 2007, and was sentenced to imprisonment with labor for the same crime at the Pyeongtaek District Court on June 24, 2008, and was punished on more than two occasions due to a violation of the Road Traffic Act (driving).

1. On August 18, 2015, at around 06:00, the Defendant driven a Chand-in car with a blood alcohol content of about 500 meters from the front of the “cabin or” main road in the Heungdong-gu Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-si to the front road of the agricultural and fishery products market located in the same Gu and the front road in the same Gu.

Accordingly, even though the defendant was punished not less than twice due to the violation of the Road Traffic Act, he again driven a motor vehicle under the influence of alcohol.

2. On August 18, 2015, around 07:55, the Defendant, while under the influence of alcohol as described in paragraph 1, driven a two-lane of the two-lanes in front of the fixed distance of the agricultural and fishery product market in Cheongju-si, Chungcheongnam-gu, Cheongju-si, the Defendant driven the vehicle described in paragraph 1 in the same manner as described in paragraph 1, and driven the vehicle into the three-lanes of the agricultural and fishery product market at the luxan bank.

Since there is a place where traffic is not controlled, there was a duty of care to confirm whether there is a cross-road vehicle by reducing the speed or temporarily suspending the vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected this and went to the left from the right side of the opposite side of the victim D (the age of 56) driveed by the victim DD (the age of 56) to turn to the port due to the negligence of the Defendant’s driving. The left side part of the EKan Cargo was taken into the front side of the driver’s vehicle.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of drinking, and suffered injury to the victim, such as cerebral dynasium in detail, which requires treatment for about two weeks.

Summary of Evidence

1. The defendant;

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