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(영문) 청주지방법원 2017.05.23 2016고단2755
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

On November 19, 2016, the Defendant, while under the influence of alcohol level of 0.187% in the blood, driven the Epoter freight vehicle in front of the “D cafeteria” road located in Cheongju-si, U.S., 19:30 on November 19, 2016, led the Defendant to drive the Epoter freight vehicle along two-lanes from the surface of the private distance from the surface of the northwest to the private distance.

At the time, there is a crosswalk at which a signal, etc. is installed at night and at that time, so there was a duty of care to prevent an accident by accurately manipulating the front door and the left door and the right and the right and the right of the driver of the vehicle, and accurately manipulating the steering direction and the brake system.

Nevertheless, under the influence of alcohol, the Defendant neglected the duty of care in the front place, and failed to properly operate the brake system, and was negligent in driving on the 3-lane in the front place, and was driven by the victim F.(42) who was under the signal waiting stop on the 3-lane in the front place. The G Poter 2, followed the left-hand part of the Poter 2, and received the part in front of the right-hand part of the said Poter.

As a result, the Defendant driving a cargo vehicle in a state where it is difficult to drive the vehicle normally due to influence of drinking, and caused the said victim F to suffer the victim H(46) of the said passenger on the truck, such as the catum fat, which requires approximately 3 weeks of medical treatment, the inside of a bridge that requires approximately 2 weeks of medical treatment, and the victim I(58 years of age) of the said passenger on the truck of the Defendant, respectively, to receive approximately 12 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each statement of F, H and I;

1. A survey report on actual condition and an accident scene photograph;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Application of statutes to copies of each written diagnosis;

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

1. The Commercial Concurrent Crimes Act.

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