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(영문) 청주지방법원 2016.01.21 2015노999
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Each of the facts charged in this case.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. Before determining the grounds for appeal by the Defendant’s ex officio, we examine ex officio as to the death or injury caused by dangerous driving among the facts charged in the instant case.

A. On January 21, 2015, the Defendant, while under the influence of alcohol at around 0.217% under the influence of alcohol, was unable to drive normally and due to the influence of alcohol, on January 21, 2015, the summary of the facts charged, the Defendant driven C-crui Motor Vehicle (hereinafter “C-cracking Motor Vehicle”) and driven a three-lane road on the 45-lane off the C-U. S. apartment of the C-U. apartment at the clean speed of 101, with two lanes towards the G-U.S.-U. in the direction of the Defendant, while driving the two-lane road at a speed of about 40 km from the direction of the G-U.S. driving, the Defendant was negligent in performing his duty of care to safely drive the front direction and brake system, and the Defendant was negligent in driving the 2-U.S. passenger vehicle at the top of the C-U. Driving Zone and the 2-U.S. passenger vehicle at the direction of the Defendant.

B. The lower court found the Defendant guilty of this part of the facts charged based on the Defendant’s legal statement, D’s written statement, and each written diagnosis.

(c)

1) In order to establish a crime of violation of the Act on the Aggravated Punishment of Specific Crimes (the death or injury caused by danger), annoying person to the extent that the crime cannot be assessed as “injury” under Article 257(1) of the Criminal Act is an immediate action, and thus, there is no need for treatment.

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