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(영문) 청주지방법원 2018.06.28 2017고단2174
특정범죄가중처벌등에관한법률위반(위험운전치상)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 CM5 car.

On September 14, 2017, the Defendant driven the said car under the influence of alcohol content of 0.189% during blood transfusions on September 12:35, 2017, and led to the driving of the said car in front of the E station located in Heung-gu E station located in Heung-gu, Hoju-si.

Since there is a signal, there was a duty of care to safely drive a person engaged in driving service in accordance with the new code.

Nevertheless, the Defendant neglected to do so and did not know the fact that the vehicle driving signal is changed to the stop signal, and due to negligence, the Defendant proceeded on the left side of the direction of the Defendant’s proceeding and turn to the left at the right side of the terminal shooting distance pursuant to the new name, and the Defendant was placed on the left side of the above SM5 passenger car.

As a result, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to influence of drinking, and suffered from the injury of the light and the fluoral dye for about two weeks to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the occurrence of a traffic accident;

1. An accident scene photograph;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is more severe, within the scope of the sum of the long-term punishments of the above two crimes, and the punishment as provided for in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes: Provided, That the lowest sentence of the punishment shall be determined by the crime of violation

1. Suspension of execution;

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