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(영문) 청주지방법원 2014.10.15 2014고단741
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 engaging in driving a motor vehicle B.

On May 15, 2014, at around 19:30, the Defendant was unable to drive normally due to the influence of drinking, such as 0.246% alcohol level from blood alcohol level, while under the influence of drinking, the Defendant was driving the said car on the front of an enterprise bank centered on the commercial name of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, and led the Defendant to drive the said car on the front side of the company bank, which is located in the commercial name of the Chungcheong-gun, Chang-gu, Chungcheongnam-gun, and proceeds

Since the place is an intersection where a vehicle stops in the signal line on the front side, there was a duty of care to operate the steering and steering system properly by properly operating the steering and steering system while living well in the front side.

The Defendant, while under the influence of alcohol, was driven by the victim C (year 51) who was under a stop for the atmosphere of the traffic signal due to occupational negligence in which he was negligent in operating the brake system, and was driven by the Defendant as the front part of the motor vehicle in front of the motor vehicle operated by the Defendant.

The Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim, such as light dump, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement to be prepared;

1. The actual survey report and the accident site photograph;

1. The application of statutes governing the circumstantial statement of a drinking driver, written consent to collecting blood, and inquiry request for appraisal;

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

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures.

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