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(영문) 청주지방법원 영동지원 2015.12.24 2015고단218
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 19:00 on September 12, 2015, the Defendant driving a Bschton car in the state of alcohol alcohol concentration of approximately 200 meters from the front of a cafeteria in the mutual influent cafeteria in the process of the maintenance of the Macheon-gun, the Macheon-gun Eup, to the front of the entrance of the Macheon-gu apartment in the two-lane Macheon-ro, the said Macheon-gun, the Defendant was under the influence of alcohol level of about 0.249%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving the said Bosch Rexton car.

At around 19:00 on September 12, 2015, the Defendant driven the said car at front of the entrance entrance of the door-to-door apartment located in the two-lane of the head of the Dongcheon-Eup, and led to a speed of about 50 km from the long-distance slope to the long-distance slope of the office of view.

At the time of night and where there is a center line of yellow-ray, a person engaged in driving service has a duty of care to thoroughly operate the electric-line and to safely operate the electric-line.

The Defendant neglected this and failed to properly operate the steering gear and operating the steering system by force, thereby overcoming the center line of the yellow-ray. The Defendant was driven by the victim C(32 years of age) who was driven by the opposing part as the front part of the Dan-Wurn-Wur-Wurn car.

The Defendant driven the said car in a state where normal driving is difficult due to the influence of alcohol, and suffered from the injury of the part of the escape of detailed unknown fingers that require treatment for about four weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Reports on traffic accidents, and photographs of the scene of accidents;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the relevant criminal facts and the choice of punishment.

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