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(영문) 청주지방법원 2015.04.17 2015고단196
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On January 7, 2015, the Defendant, who is engaged in the driving of Lone Star Co., Ltd., driven the said passenger car with a blood alcohol concentration of 0.175% under the influence of alcohol without a car driver's license on January 22, 2015, and led to the intersection of the said three-lanes of the horizontal distance of the horizontal distance of 65 degrees from the intersection of the Cheongju-si to the intersection of the Cheongnam-si at a speed of two-lanes from the intersection of the Cheongnam-si.

Since there was a signal signal crossing at the front of that place, in such a case, there was a duty of care to reduce speed in advance and drive safely by ensuring safety distance as well as by properly examining whether the vehicles are stopping.

Nevertheless, the Defendant, while under the influence of alcohol as seen above, was negligent in driving and stopped at the bend to the bend to the Defendant’s knife of the victim D (W, 38 years old), who was standing in the bend to the signal atmosphere at the bend to the bend to the Defendant.

In the end, the Defendant, while under the influence of alcohol, driven a car without a driver’s license, driving the car in a state where it is difficult to drive the car normally due to influence of drinking, such as the body string distance, and suffered injury to the victim D, such as salt, tensions, etc., which requires approximately two weeks of treatment, and injury to the victim FF (FF, 41 years of age) who was on the car in the said car in need of approximately two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. The actual condition survey report, the circumstantial report on the driver, the report on detection of the driver, the written appraisal request, and the ledger of the driver's license for the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed through Article 148-2 (2) 2 and Article 44 of the Road Traffic Act.

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