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(영문) 청주지방법원 2018.12.06 2018고단1808
특정범죄가중처벌등에관한법률위반(위험운전치상)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

On July 21, 2018, the Defendant driven B rocketing car with alcohol content of 0.139% during blood transfusion on July 21, 2018, while making it difficult for the Defendant to drive it normally, and continued to drive it at the entrance of the Seoul Metropolitan Government, along three-lanes among the four-lane roads near Gwanak-gu Seoul Special Metropolitan City C-do.

Since signal lights have been installed on the front side of the above road and there are other vehicles passing along, the Defendant, who was engaged in driving service, had a duty of care to properly operate the front left and right well and right, and to proceed with it in a safe manner.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not keep the front and do so at all times, and was under the influence of the victim D(48) who was under the influence of the signal waiting stop at the front of the Defendant’s running direction, and was under the front part of the said rocketing taxi.

Defendant 1 suffered injury to the victim in need of approximately two weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. A written inquiry about the results of regulating drinking driving;

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 related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the punishment of the crime, the choice of imprisonment for each sentence;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier (within the scope of the sum of the long-term punishments of the above two crimes) and the aggravated punishment of concurrent crimes: Provided, That the lowest sentence shall be determined by the punishment determined for the crimes of violation of Road Traffic Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Social service order under the Criminal Act;

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