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(영문) 청주지방법원 2016.01.28 2015고단1925
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 22, 2015, the Defendant driven BST5 car at around 22:45, while under the influence of alcohol 0.217% during blood, the Defendant proceeded along a two-lane road in front of D, which is located in Heung-gu, Soung-gu, Ho-gu, Ho-dong, with a one-laneh-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gate. Even though there is a road at which the main line is located, the Defendant, even though it is a road with a central line, who is difficult to drive normally due to such influence of drinking, she pushed the central line and was driving normally from the border-dong-dong-dong-dong-dong-dong-only side to the home-plplug-do-si. The Defendant suffered an injury, such as pressing-dong-do-do-do-only by the front driver of the said vehicle, which requires approximately fourteen weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police for E;

1. A survey report, a diagnosis report, and on-site photographs;

1. Application of Acts and subordinate statutes to report the circumstantial statement of a driver driving and notify the results of regulating drinking driving;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking, the choice of imprisonment with prison labor) concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the fact of causing danger driving, the choice of imprisonment with prison labor, etc.);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reason why the sentence of Article 62(1) of the Act on the Suspension of Execution (the following sentencing has been repeated in favorable circumstances) is high in terms of the reason why the punishment is imposed, and the situation that the central line is invaded, the risk of drinking driving is realized, and the accident caused by an accident that causes any minor human damage, and the depth of the defendant's vehicle that he or she committed by his or her his or her or her or her or her or her or her or her or her or her or son's son's son's son's son's son's vehicle is insured, the defendant's vehicle

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