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(영문) 청주지방법원 충주지원 2013.07.26 2013고단235
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by DD Driving) is a person engaged in driving freight cars.

On April 16, 2013, at around 11:10, the Defendant driven the above cargo while making it difficult to drive normally while under the influence of alcohol 0.219% of alcohol, and received the full part of the part on the left side of the FNF station or the left side of the victim E driver's nF station or the left side of the above cargo vehicle at a 3-distance range in front of the convenience range 86, 86, 00 U.S., in the voice-Eup-gun of the Chungcheongnam-gun of the Chungcheongnam-gun, the convenience range of 26,00 U.S., in the form of a main apartment at the speed of about 20 km in the city of Si-speed, due to occupational negligence, etc., while he neglected to turn to the left at the speed of about 20 km of Si-speed.

As above, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, resulting in a traffic accident caused by occupational negligence, and thereby, the Defendant suffered from the victim E’s salt, tensions, etc. requiring approximately two weeks medical treatment.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) without obtaining a driver’s license. On April 16, 2013, the Defendant driven a D-wing and fran vehicle at the section of about 3 km from the 3km to the place of accident described in paragraphs (1) through (1) in the condition of drunk alcohol concentration of 0.219%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Statement of observation of a drinking driver;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. A medical certificate;

1. Application of Acts and subordinate statutes to investigation reports;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of injury caused by dangerous driving) concerning the crime, and Articles 148-2 (2) 1 and 44 of the Road Traffic Act.

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