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(영문) 청주지방법원 2015.03.26 2014고단1346
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 27, 2014, the Defendant, while under the influence of alcohol 0.175% with blood alcohol content, driven a low-speed motor vehicle as his duties, and driven a road in front of “E” located in the Cheongbuk-gun, Chungcheongbuk-gun, with a one-lane speed far from the Cheongju-ri side.

Although there is a place where the center line of the yellow-ray line is installed, if the Defendant gets over the center line in a situation where normal driving is difficult due to influence of drinking, the Defendant gets off from the direction of the driving of the passenger car in order to the right side of the Cheongri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written statement prepared by H and J;

1. Application of Acts and subordinate statutes to survey reports on actual conditions, each written diagnosis, the scene of accidents and photographs of vehicles, circumstantial reports on drinking drivers, and reports on detection;

1. Relevant Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the crime, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to a dangerous driving);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes are 1.

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