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(영문) 청주지방법원 2014.02.19 2013고단1678
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 who is engaged in driving duties of K7 cars.

On September 29, 2013, the Defendant driven the above vehicle under the influence of alcohol level of 0.140% on blood alcohol level around 15:10% on September 29, 2013, and proceeded at an unfluened speed depending on the unfluent surface in front of the defluence station in the Chungcheongbuk-gun.

In such cases, since a person engaged in driving of a motor vehicle has a central line, he/she has a duty of care to thoroughly drive the motor vehicle in the front line and to safely drive the motor vehicle.

Nevertheless, as a matter of course, in a state of being drunk with a blood alcohol concentration of 0.140%, smelled in a breath and smelled with a red light, etc., which makes it difficult to drive normally due to the influence of drinking, such as neglecting to drive a breath in a state of difficulty due to the influence of drinking, leading directly into the center line, and making the breath of the victim C(61 years old) driving on the left side of the breath and the left side of the f1st left side of the f1st vehicle of the Defendant driving.

As a result, the Defendant suffered, by such occupational negligence, injury to the victim C, such as a 3 balance of the left-hand son, which requires approximately 6 weeks of medical treatment, and injury to the victim E (the 55 years old) who was accompanied by the victim E (the 55 years old) who was accompanied by the victim C’s driver’s vehicle, for about 12 weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C and E;

1. Application of Acts and subordinate statutes to the survey report on actual condition, the survey report on actual condition, the report on actual status of the driver, the statement on actual status of the driver, and the written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of drinking);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of penalty: Imprisonment with prison labor;

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