(영문) 청주지방법원 2018.03.29 2017고단2003

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(영문) 청주지방법원 2018.03.29 2017고단2003

특정범죄가중처벌등에관한법률위반(위험운전치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 31, 2017, the Defendant is a person who is engaged in driving a car in B, and the Defendant driven the said car with alcohol concentration of 0.339% under the influence of alcohol around 23:10 on July 31, 2017, and led the Defendant to proceed to the intersection of the vehicle to the Gu airport in the city of Cheongju at the window of the city of Cheongju.

In this case, the driver of the vehicle has a duty of care to see the front side and the right and the right and the right and the right of the driver of the vehicle and to operate the steering and operation of the steering system in a safe manner.

Nevertheless, while neglecting this, the Defendant was negligent in driving the breath while driving the breath in a state where it is difficult for the Defendant to drive the breath in a normal manner, and due to the negligence of driving the breath in front of the Defendant’s vehicle C (W, 27 years old), and received the part behind the right part of the DNA-learning car driving in front of the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as brain-dead, which requires approximately two weeks of medical treatment, due to such occupational and practical injury.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Statement of the circumstances of the driver involved in driving;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident scene photographs;

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

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. Articles 53 and 55(1)3 of the Criminal Act to reduce the amount of punishment (the fact that the commission of a crime is erroneous, the primary crime, the vehicle driven by the defendant is covered by a comprehensive insurance, the victim does not want the punishment of the defendant, and the damage is not serious);

1. Article 62(1) of the Criminal Act (the foregoing.)

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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