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(영문) 청주지방법원 2019.11.29 2019고단1792
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

Punishment of the crime

The defendant is a person who is engaged in driving duties of 125CC.

On June 14, 2019, at around 02:25, the Defendant: (a) driven the above otob, while under the influence of alcohol, and driven the above 0.185% of blood alcohol concentration; (b) driven the above otob in the vicinity of the road along the intersection of the dup Ambassador distance located in the Cheongju-gu, Cheongju-si toward the direction of the meteorological Ambassador distance on the side of the Haban-gu, Cheongju-si; and (c) was negligent in neglecting the meteorological Ambassador-si under the influence of alcohol while driving along the one-lane of the three-lane Do, and was found late behind the Kasta-si of the victim (66 years old) who was in the atmosphere of the said intersection and was taking urgent action, but the otoba of the Defendant’s driving did not avoid, and received the part behind the right-hand part of the damaged vehicle.

The Defendant, as such, driven an Oral boom in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as chromosomes and tensions that require treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Report on the occurrence of a traffic accident, report on the actual condition of a traffic accident, report on the circumstances of a driving driver, investigation report, report on the results of the control of drunk driving, and report on the register of driver's licenses;

1. Application of Acts and subordinate statutes to photographs and diagnostic instruments;

1. Imprisonment with prison labor under Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018);

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (the fact that a punishment is not to be imposed under an agreement with the victim and the time, frequency, etc. of the same kind of power);

1. Article 62 (1) of the Criminal Act (the fact that there is no past record of the suspended sentence of the same kind or more);

1. Social service order under Article 62-2 of the Criminal Act;

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