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(영문) 청주지방법원 2016.08.17 2016고단851
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around April 12, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) driven a motor vehicle with a three-lane distance from the terminal distance from the surface of the area of an industrial complex while under the influence of alcohol of 0.182% of alcohol concentration in front of the 1321 protruding-gu street street from the Cheongju-si street street on the Cheongju-si street on April 12, 2016.

At the time, the location is night and the low level of surface was difficult, so in such a case, there was a duty of care to prevent accidents by accurately manipulating the steering direction and operating the steering system while keeping the steering force and the right and the right and the right of the driver of the motor vehicle well.

Nevertheless, the Defendant, while neglecting this, she stopped the victim C(41) who was parked in order to get passengers to get passengers to get off on the front section of the Defendant’s vehicle, due to the negligence of being driven by the Defendant.

As a result, the Defendant was driving in a state where normal driving is difficult due to influence of drinking, and the Defendant sustained injury such as light fluoral salt, etc., which requires a two-day medical treatment for the victim E (V, 56 years old) who is the passenger of the damaged vehicle, and suffered injury such as brain fluoral, etc. which requires a two-day medical treatment.

2. On April 12, 2016, the Defendant: (a) driven a BNS coo vehicle under the influence of alcohol content of approximately 0.182% in blood at the section of approximately 2km, from the 132-km road, from the Do adjacent to the employment and labor center located in the Heak-gu Seoul Special Metropolitan City, Chungcheongnam-gu to the Do adjacent to the employment and labor center located in the Heak-gu Seoul Special Metropolitan City to the Do adjacent to the 1321-ro street.

Summary of Evidence

1. Statement by the defendant in court;

1. A C’s statement (the occurrence of traffic accidents);

1. A report on investigation;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Each written diagnosis;

1. Notification of the results of the crackdown on drinking driving, and notification of the results of crackdown on drinking driving;

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