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(영문) 청주지방법원 제천지원 2014.12.04 2014고단467
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three 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 Clearning car.

On September 20, 2014, at around 13:50, the Defendant driven the said car with a alcohol content of 0.169% 0.169%, and driven the said car at a rapid speed from the right edge to the right edge of the water-monthly stop.

At that time, the Defendant had a duty of care to reduce speed and properly manipulate the steering gear so that the central line may not be invaded by the central line. Therefore, the Defendant had a duty of care to prevent accidents from spreading.

Nevertheless, the Defendant neglected this and proceeded without reducing speed even though it is difficult to drive the vehicle normally due to influence of drinking, and due to the negligence in the course of business, which led to the central line, and proceeded on the opposite side in the front part of the driver's seat of the Defendant's driver's vehicle, and received even the part on the side of the driver's seat of the victim F (39 years old) driving.

Ultimately, the Defendant caused the injury to the victim F by occupational negligence on the part of the victim F, on the part of the victim H(the 44th-year-old), on the part of the victim H, who was the passenger of the victimized vehicle, the injury of the franchisium, etc. requiring approximately two weeks of medical treatment, on the part of the victim I (the 53th-year-old victim), on the part of the same passenger I (the 53th-year-old victim), the injury of the franchisium, etc. requiring approximately two weeks of medical treatment, and on the part of the victim J(the 46th-year-old victim).

Summary of Evidence

1. Defendant's legal statement;

1. Statement by facsimile with respect to F;

1. A survey report on actual condition, on-site photographs, a master-employed driver's report, and a report on the actual state of a master-employed driver;

1. Application of each of the laws and regulations of F, H, I, and J

1. The Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime committed under the corresponding provisions of the Act.

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