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(영문) 청주지방법원 2014.12.10 2014고단1206
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

At around 15:10 on September 1, 2014, the Defendant, while under the influence of alcohol of 0.165% during blood, driven a Bsch Rexn car, and continued to drive the Bsch Rexn car along the roads of four lanes in front of the Clost Airport at Clost Airport at Clost Airport at Clost Airport.

Since there is an intersection where signal lights are installed at the front, a person engaged in driving service has a duty of care to safely operate the brakes by accurately manipulating the front left and the front left.

As above, the Defendant was negligent in neglecting the front-time city under the influence of alcohol, and found that the victim C(the age of 45) driver's Darburged car prior to the same direction stops for the signal atmosphere, and operated the vehicle rapidly. However, the Defendant did not avoid the vehicle due to the Defendant's driver's vehicle, and did not shock the rear part of the passenger vehicle of the said victim.

As above, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of alcohol while under the influence of alcohol to the extent that the face can be divided into red and speech, and suffered injury, such as salt, tension, etc., of the trend requiring treatment for about two weeks, by the said victim.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

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

1. Relevant laws concerning criminal facts, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the punishment is chosen, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The Defendant was punished by a fine of one million won for drunk driving in 2010, for reasons of sentencing under Article 62-2 of the Criminal Act, on probation, community service order, and order to attend lectures.

Nevertheless, the Defendant once driven under the influence of alcohol, and is in the process of driving.

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