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(영문) 청주지방법원 2016.04.28 2016고단336
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or injury caused before the risk) is a person engaging in driving of a vehicle C, and the Defendant, on February 4, 2016, driven the said vehicle under the influence of alcohol with 0.202% of alcohol concentration in blood without a driver’s license on February 4, 2016, led the Defendant to drive the said vehicle from one account to one bank account in front of the E-cafeteria located in Cheongju-si, a reasonable area of Cheongju-si.

Since there is a center line of yellow solid lines, the defendant engaged in driving service has a duty of care to thoroughly operate the front line and to safely operate the tea.

However, the Defendant neglected to do so and shocked the front side of the vehicle at the left side of the vehicle, which was going on the opposite lane due to the negligence, etc., by driving the center on the opposite lane.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as salt, tension, etc., of the trend that requires two weeks of treatment to the victim.

2. On February 4, 2016, the Defendant: (a) violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking driving) on the road; (b) on February 4, 2016, the Defendant driven the said crinking vehicle under the influence of alcohol with approximately 0.202% of alcohol concentration in blood without a vehicle driver’s license from the 1km section from the front side of the Gaak-gu Seoul High School, which is equivalent to the Cheongju-si, the Cheongju-si, to the front side of the E-cafeteria located in D, the

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police with regard to F;

1. The application of Acts and subordinate statutes, such as a survey report on actual condition, the notification of the results of regulating drinking driving, the circumstantial statement of the driver who takes driving, the ledger of driver's licenses, and

1. Article 5-11 (Bodily Injury resulting from Dangerous Driving) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 and Article 44 of the Road Traffic Act concerning the crime.

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