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(영문) 청주지방법원 2018.05.31 2017고단2854
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

(b) by negligence while proceeding without a stop signal while it is difficult to proceed, the back of the victim C(Woo, 42 years old)'s Drata car which was left left from the right side of the Defendant's proceeding to the right side of the Cheongju pursuant to the new code was received by the Defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. A survey report on actual conditions;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A written appraisal of alcohol during blood;

1. An accident scene photograph;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture and the order to attend a lecture [the scope of recommended punishment] In the case of driving under drinking, etc. (eight months to two years) [the sentence] the aggravated area of the first type of traffic accident (the special aggravated person] [the sentence] the sentencing criteria are set only for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving). There are no separate sentencing criteria for the crime of violation of the Road Traffic Act (driving driving), so that multiple offenses are not derived, the sentencing criteria for the crime of violation of the Road Traffic Act are not set. The fact that multiple offenses have caused accidents of signal violation under the influence of alcohol and there are no minor records of the crime and the criminal situation that have been sentenced once a fine for the crime of driving under the influence of alcohol. The degree of the injury inflicted by the victim is not significant. Recognizing errors, it is consistent with the order of the Criminal Code.

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