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(영문) 청주지방법원 2015.01.09 2014고단1309
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 3, 2014, at around 03:42, the Defendant driven a two-wheeled vehicle with a blood alcohol level of 0.132% under the influence of alcohol level of 0.132%, and driven a two-wheeled vehicle with a B exhaust displacement of 249cc in the Cheongju City, a three-lane road in front of 3 ELE in the 1 cycle of Cheongju City as a 1 cycle of Cheongju City.

At all times, there was an intersection where signal lights are installed on the front side, and the defendant made a left-hand turn to the south-west side of the said intersection. In such a case, a person engaged in driving service has a duty of care to reduce the speed, to live well well, and to drive safely in accordance with the signals.

Under the above circumstances, the Defendant neglected to make a left-hand turn by entering the intersection from a stop line to a left-hand turn, and did not avoid D Kac Trucks of driving C(51 years old) that entered the intersection in accordance with the progress signal at the second-lane opposite to the horse bed, and was a two-wheeled vehicle of the above victim, and the Defendant 2nded the front part of the victim’s truck.

As above, the Defendant was driving under the influence of alcohol while drunk to the extent that the Defendant was breath of snow and the walking was difficult to drive normally due to the influence of alcohol, and the Defendant suffered from the victim E (V, 23 years old) who was on the rear seat of a two-wheeled vehicle, with no open room for approximately six weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement to be prepared;

1. The actual condition survey report;

1. Notice of the result of crackdown on drinking driving, and statement in the circumstance of a drinking driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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