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(영문) 청주지방법원 충주지원 2013.09.27 2013고단480
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

The defendant is a person engaged in driving a motor vehicle of B-Wood motor vehicle.

1. On July 16, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) operated the said car with a blood alcohol concentration of 0.231% under the influence of alcohol on July 15, 2013, and transferred one-lane road in front of the restaurant to the Samsung T&C room.

At the time, the amount of DNA car driven by the victim C(the age of 38) was waiting to turn to the left from the bank of Samsung Welfare Center to the vegetable side, and thus, the driver of the vehicle has a duty of care to safely turn to the right side.

Nevertheless, the Defendant received the left-hand part of the damaged vehicle due to the driver's left-hand part before the left-hand part of the damaged vehicle, which was driven by the Defendant due to the influence of drinking.

Ultimately, the Defendant suffered injury to the victim, such as salt, tensions, etc. in need of approximately two weeks of medical treatment due to occupational negligence as above.

2. A violation of the Road Traffic Act ( sound driving) was driven by the Defendant under the influence of alcohol 0.231% of the blood alcohol concentration of about 300-40 meters from Samsung C&C, under the influence of alcohol, to the front road of the restaurant, with the ducks located in the same Ri from Samsung C&C, Samsung C&C, Inc., under the influence of alcohol at a temporary border such as paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Statement on the state of drinking drivers, and report on the observation of drinking drivers;

1. A traffic accident report (1) (2) and on-site photographs of a traffic accident;

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

1. Article 5-1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving)

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