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(영문) 청주지방법원 2018.07.19 2018고단354
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

The defendant is a person who is engaged in driving a motor vehicle B.

On January 14, 2018, the Defendant, while under the influence of alcohol 0.124% during blood transfusion around 01:30, the Defendant driven the said car and driven the road of three lanes in front of the apartment in front of that apartment located on the road No. 109, at the cost of the Cheongju-si, Seowon-gu, Cheongju-si.

In such cases, the driver has a duty of care to view the front and right and the right and the right and the right and the right and the right and the right of operation of the steering system and the system in a safe manner to prevent accidents in advance.

Nevertheless, the Defendant neglected this and got the back part of the victim E(A, 41) driver's vehicle waiting in the traffic signal at the front side of the above road by negligence while driving in the influence of alcohol. The Defendant received the back part of the victim E(A, 41) driver's vehicle waiting in the front side of the road, which is pushed down by the shock of the victim E(A, 41) driver's vehicle waiting in the traffic signal at the front side.

After all, the Defendant driven the Defendant’s car in a state where normal driving is difficult due to influence of drinking, and suffered from the victim C’s catum fat, etc. in need of a two-day medical treatment, and the victim E’s catum fat, etc. in need of a three-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. A written statement of the driver who takes charge;

1. Each written diagnosis;

1. Application of the field, vehicle photographing statutes;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the victim E with a heavier criminal situation.

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