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(영문) 청주지방법원 2017.06.28 2017고단422
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of 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 February 27, 2017, the Defendant: (a) driven a DNA cargo vehicle while under the influence of alcohol for about 0.129% of alcohol concentration at the section of about 50 meters from the front of the apartment complex of the Cheongju-gu, Nowon-gu, Seoul Special Metropolitan City to the front of the road located in the Cheongju-gu, Nowon-gu, Seoul Special Metropolitan City. (b) On February 27, 2017.

2. Defendant 1 driven the above cargo at a speed that is difficult to drive normally due to the influence of alcohol at the time of the above day, and the front road of the above C was driven at a speed that cannot be seen as the front road due to the front door of the Chungcheongnam-do University from the ethic ethic ethic bank.

At the time, since it is night, and there is an intersection where a signal is installed, a person engaged in driving of a motor vehicle has a duty of care to safely drive the motor vehicle in accordance with the front and right and the right and the right and the right of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant was unable to operate the brakes properly due to negligence, and was driven by the victim E (26) who was under the stop due to the occurrence of a stop, as part of the back part of the Firing Motor Vehicle, which was driven by the Defendant.

Ultimately, the Defendant suffered approximately two weeks of medical treatment from the victim due to the above occupational negligence.

Summary of Evidence

The application of Acts and subordinate statutes to the written report of traffic accidents in the police statement report on the defendant's legal statement E, the report of actual condition investigation, the notification of the results of the control of driving on the scene of accident, the driver's statement

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the crime, and the choice of imprisonment with prison labor;

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

3. Article 62 (1) of the Criminal Act on the suspension of execution;

4. Taking lectures and community service orders under the Criminal Act;

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