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(영문) 청주지방법원 2019.02.21 2018고단2352
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven on September 17, 2018 and on September 17, 2018, the Defendant driven a freight vehicle of B in a state where normal driving is difficult due to alcohol concentration of 0.148%, and proceeds from Daejeon from the direction of Daejeon 279.2 km away from the direction of Daejeon High Road located in the Seocho-gun, Jincheon-gun, Jincheon-gun.

Since the above road has another vehicle driving on an exclusive expressway for motor vehicles, the defendant engaged in driving service had a duty of care to live well well in the front line and to operate the steering system properly and safely.

Nevertheless, by neglecting this, the Defendant neglected the foregoing, and instead failed to see the front side of the breath, and instead failed at all time, thereby resulting in the part of the victim C (the 24 years old) driving in the same direction at the front side of the Defendant’s running direction.

The Defendant suffered injury to the victim, such as salt, tension, etc., in need of approximately two weeks of treatment due to occupational negligence.

2. The Defendant violated the Road Traffic Act (driving) driving the above cargo vehicle under the influence of alcohol on the roads indicated in paragraph 1 located approximately 20 kilometers away from the roads near the apartment parking lot in Jincheon-gun, Jincheon-gun, Chungcheongnam-do, and the date and time specified in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. Report on a traffic accident and report on the results of initial traffic accident actions;

1. The circumstantial report, each investigation report, and investigation report (to hear a victim C telephone statement);

1. A report on detection of a host driver;

1. Requests for appraisal;

1. An accident vehicle photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

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

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