(영문) 청주지방법원 2018.05.17 2017고단2705

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(영문) 청주지방법원 2018.05.17 2017고단2705

특정범죄가중처벌등에관한법률위반(위험운전치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person engaging in driving a rocketing car.

On November 26, 2017, the Defendant, without obtaining a driver’s license for a vehicle at around 03:20 on November 26, 2017, was driving the said vehicle at the front distance of the F in Seo-gu, Seo-gu, Seo-gu, Cheongju with alcohol content of 0.157% while under the influence of alcohol during blood.

At the time, there is a vehicle in the atmosphere where signal lights are installed at night and at the right time, so in such a case, there was a duty of care to properly operate the front and 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 of the driver of the vehicle.

Nevertheless, the Defendant: (a) under the influence of alcohol, she was under the influence of alcohol, and was under the influence of alcohol while driving the said rocketing car with a view to having difficulty in driving normally; (b) while driving the said rocketing car, he was under the influence of alcohol, the Defendant suffered from the injury of the victim G (24 ) who was under the influence of the signal in the front bank; (c) the left part of the Hsch-ton car driven by the Defendant was under the front part of the car driven by the Defendant, and suffered from the injury of the victim, such as a fluoral salt, which requires approximately two-day medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. G statements;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge);

1. A medical certificate;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (a point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (LA) are heavier between the crimes of violating the Road Traffic Act and the crimes of violating the Road Traffic Act (LA) and the punishment.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

-형법 제40조

-형법 제50조

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