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(영문) 청주지방법원 2018.12.20 2018고단1842
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 11, 2018, the Defendant driven BM520 automobiles under the influence of alcohol content 0.191% during blood transfusion on August 11, 2018, while making it difficult for the Defendant to drive the car normally, and driving the CM520 automobiles toward the intersection in front of the D oil station located in the Cheongju City substantial Gu C from the south side of the Cheongju City.

Since the above intersection had traffic control by signal, etc. and there were other vehicles passing through, the Defendant had a duty of care to look at the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and duty of care are properly

Nevertheless, the Defendant neglected this and went to the right to the right to the right to the front part of the victim E (SM520) driving car, which was driven by the victim E (SM52) who was going to the right to the left from the front side of the direction of the Defendant’s running, the front part of the F bargaining car, which was driven by the victim E (SM520).

Defendant 1 suffered injury to the victim G (the age of 15) who was a partner of the victim E and the above-learning passenger car due to the above occupational negligence, respectively, for approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual conditions;

1. Vehicles, on-site photographs;

1. A photograph of a CCTV course;

1. A written statement of the driver who takes charge;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2 Subparag. 2 and Article 44(1) of the Road Traffic Act concerning the crime (the occupation of drinking)

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which punishment is heavier (the injury or injury caused by dangerous driving) shall be the same as the punishment provided for the above two crimes.

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