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(영문) 청주지방법원 2017.12.07 2017고단1380
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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 car in the B SP area.

On June 6, 2017, when the Defendant was unable to drive normally due to alcohol concentration of 0.197% during blood transfusion around 23:23 on June 6, 2017, the Defendant driven the said car, thereby driving the said car, leading up to the direction of the salary range on the side of the agricultural and fishery product market, from the side of the salary range on the side of the agricultural and fishery product market.

At the time of night, since it was in a state of rain, there was a duty of care to prevent accidents in advance after checking the right and the right and the right before the right and checking the safety of the course, and then bypassing it.

Nevertheless, as a result of the negligence of driving while under the influence of alcohol and bypassing it, the driving of the victim C(Y, 23 years old) who was directly engaged in the above private distance from the right edge to the furnal distance from the furnal intersection, received the front part of the passenger car in front of the right edge of the said motor vehicle.

Ultimately, the Defendant suffered from the above victim’s injury, such as salt ties and tensions, which require approximately two weeks’ medical treatment due to occupational negligence as above, and each victim E (25) who is the passenger of the above-learning passenger car, suffered injury in salt ties and tensions that require approximately two weeks’ medical treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident occurrence report;

1. An accident scene photograph;

1. Notification of the results of regulating drinking driving;

1. Investigation report (report on the situation of the driver in charge); and

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. Aggravation concurrent crimes;

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