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(영문) 청주지방법원 2014.11.12 2013고단1244
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. From around 00:20 on August 13, 2013, the Defendant driven a DNA car under the influence of alcohol concentration of about 0.260% on the road in front of the “C coffee shop” located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju-si, on the road where it is impossible to find out whether it is located in the Heung-gu, Soak-gu.

2. On August 13, 2013, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Drown Driving) was driving a Dratian car in the direction of the Heduk Police Station in the direction of the “Cratum Sheet” on the roads located in Heddong-gu, Chungcheongnam-gu, Chungcheongnam-gu.

At the time, the center line of the yellow Island was installed, so in such a case, there was a duty of care to prevent accidents by observing the tea line to those engaged in driving service.

Nevertheless, the Defendant neglected to do so, while driving under the influence of alcohol as described in Paragraph 1, and received the front part of the F rocketing passenger car driven by the victim E, driving the said road in front of the said vehicle by neglecting the central line, and driving the said road in front of the said vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury such as light salt, which requires a medical treatment for about one week.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The actual condition survey report and photographs;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Articles 5-11 (Bodily Injury resulting from Dangerous Driving), 148-2 (2) 1, and 44 (1) of the Road Traffic Act, and the choice of imprisonment for a specific crime, the relevant law as to the crime, and the Act on the Aggravated Punishment, etc. of Specific Crimes selected as a sentence;

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 of the Criminal Act for discretionary mitigation.

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