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(영문) 청주지방법원 2016.08.11 2016고단1024
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) was committed by the Defendant, who is engaged in driving of BM3 vehicles, and was driven by the vehicle under the influence of alcohol content of 0.234% on Apr. 7, 2016 at around 02:05 at around 0.234% while driving the said vehicle in a state where normal driving is difficult due to the influence of alcohol, and the vehicle was driven by the left left-hand lane from the bank of the country where the front side of the “D” located in the petition district C at the Cheongju-si.

At the time, there is a night and a place where the center line of the yellow domin line is installed, so the defendant engaged in driving service has a duty of care to thoroughly drive the front line and to safely drive the lane.

However, the Defendant neglected to perform sobriage while shocking the central separation unit, and followed the front part of the victim E(34) driver’s vehicle, who proceeded in the opposite part due to the negligence that proceeded with the central line, etc., the Defendant shocked into the front part of the above MF3 vehicle.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered from the injury of climatic salt, etc., which requires approximately two weeks of treatment to the victim.

2. On April 7, 2016, the Defendant was under the influence of alcohol 0.234% during blood transfusion around April 22, 2016, the Defendant driven BM3 vehicles from the 200-meter section from the front of the Cheongju-si, the Cheongju-si, the Cheongju-si, the Cheongju-si, the Cheongju-si, the Cheongju-si, the Cheongju-si, the Cheongju-si, the Cheongju-si, the Cheongju-si, the Cheongju-si, the center

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A survey report on actual condition, a report on the results of crackdown on drinking driving, and a report on the circumstances of the driver of drinking;

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, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of penalty;

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