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(영문) 청주지방법원 2015.11.17 2015고단1417
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant is a person who is engaged in driving a C low-est car.

At around 21:30 on July 23, 2015, the Defendant driven the said vehicle under the influence of alcohol of about 0.178% in a section of approximately 150 meters from the front of a cafeteria located in the city of Cheongju to the solar road located in the same 967 location, from the 150m section of the said 150m section, and the said vehicle was driven under the influence of alcohol of about 0.178% in a blood alcohol content on the front of the said solar road, and was driven at a speed of about 50km from the front of the Geumcheon Elementary School located in the same Dolle.

In such a case, despite the occupational duty of care to prevent accidents by thoroughly performing the duty of an all-time driver, and accurately manipulating the steering system, brakes, etc. of the vehicle, the defendant at the time, despite the duty of care, was required to prevent the accident, the defendant was snicking from entering the vehicle due to drinking, snicking, snicking, snicking, snicking, in an inaccurate, in a situation where normal driving is difficult, such as a short distance, and is difficult to drive, and was unable to perform the duty of an all-time driver, and the victim D (W, 45 years old) who stopped at the front of the vehicle at the front, caused the victim's injury, such as snick snicking, etc. in need of medical treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the actual state of the driver;

1. The actual condition survey report;

1. Notification of the control of drinking driving;

1. A medical certificate;

1. Application of the Act on “accident-site photographs, etc.”

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;

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