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(영문) 청주지방법원 2018.09.05 2018고단1502
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 18, 2018, the Defendant driven B Poter Cargo Vehicles with alcohol content of 0.240% in a light of blood, and it is difficult to drive normally, while under the influence of alcohol, and driven a two-lane road in front of the Chungcheongnam-si in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam, in the direction of the voice side along two-lanes.

On the front of the road, there was an intersection through which traffic is controlled by signal lights, and there were other vehicles passing through the daytime time zone, so the Defendant, who is engaged in driving service, has a duty of care to live well on 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 to proceed in a safe way by properly manipulating

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in proceeding without showing the front side and without operating at all times, received the back part of the victim D(73)’s EM5 vehicle’s EM5 vehicle in the front part of the said cargo vehicle, which was driven by the victim D(73) in the front direction at the direction of the Defendant’s running, and the said SM5 passenger vehicle was pushed into the front part of the said cargo vehicle, and the back part of the G SM5 vehicle’s Gsp car in the front where the said SM5 passenger vehicle was pushed into the shock, was driven by the victim F(50 years old).

Defendant 1 suffered from each of the above occupational negligence the injury to the victim H (V, 70 years of age) who is a passenger of the victim D and the above SM5 car, for about 3 weeks of treatment, such as a chest boom, etc., and the victim I (V, 50 years of age) who is a passenger of the victim F and the above SP car, for about 2 weeks of treatment respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Notification of the results of crackdown on drinking;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime and Article 44 (1) of the Road Traffic Act, Articles 148-2 (2) 1 and 44-2 (1) of the Road Traffic Act;

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

1. Selection of penalty:

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