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(영문) 청주지방법원 2014.12.12 2014고단1401
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 18:20 on September 23, 2014, the Defendant driven D Poter truck under the influence of alcohol concentration of about 0.154% at the section of about 2km from the front of the road to the road in front of the “C cafeteria” located in the Heung-gu Seoul Metropolitan City, Chungcheongnam-gu, Chungcheongnam-gu.

2. On September 23, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was driving a DPoter in the direction of the teachers’ college in the direction of the luxology while driving the Dpoter vehicle in front of the “C cafeteria” located in Cheongju-gu, Chungcheongnam-gu, Chungcheongnam-si, Cheongju, while driving the Dpoter vehicle in front of the “C cafeteria,” as described in paragraph (1), and did not brea the breath by driving the vehicle in front of the right side of the cargo vehicle due to the negligence of not operating the steering gear properly, and caused the victim to go beyond the floor by taking the parts of the victim E (the 37 years old) who walked on the right side of the vehicle.

The Defendant driven a motor vehicle under the influence of alcohol which makes it difficult for the Defendant to drive the motor vehicle normally, and suffered injury, such as crossing the motor vehicle No. 2 and No. 3 on the left-hand side, which requires about five weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. A traffic accident report;

1. Report on detection of a host driver and report on the circumstances of a host driver;

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

1. Relevant laws concerning criminal facts, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the punishment is chosen, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the degree of injury of the victim due to the instant accident is serious.

Furthermore, the defendant is driving under drinking in 203.

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