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(영문) 청주지방법원 2017.01.12 2016고단1466
특정범죄가중처벌등에관한법률위반(위험운전치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 22, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.225% in a state of being drunk at around 024:15 on May 22, 2016, while driving the said vehicle, and driven the front side of the D pharmacy located in Gu C which is reasonable in the Cheongju City City, along the two-lanes between the two-lanes, where it is impossible to drive the vehicle normally under the influence of alcohol content of the blood.

In such cases, a person engaged in driving of a motor vehicle shall accurately operate steering gear, brakes, and other devices, and shall not drive a motor vehicle safely in accordance with the road conditions and the structure and performance of the motor vehicle, and shall not drive the motor vehicle at such a speed or in such a manner as to cause any danger and disability to other motor vehicles. In addition, he/she has the duty of care to prevent accidents by safely reporting the traffic conditions on the front side and the right side.

Nevertheless, the Defendant neglected this and proceeded as it is, and the Defendant shocked to the front part of the new character car, and shocked the F rocketing taxi operated by the victim E prior to the same direction.

As a result, the Defendant caused the injury to the victim E in light of crypt salt, etc. requiring approximately three weeks of medical treatment, injury to the victim G, who is a taxi passenger, such as crypted salt, which requires approximately two weeks of medical treatment, and injury to the cab passenger H in light of crypine, etc. requiring approximately two 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. E statements;

1. Each police statement made with respect to G and H;

1. A survey report on actual condition, a report on the results of crackdown on drinking driving, and a report on the circumstances of the driver of drinking;

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

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

1.Article 40 of the Criminal Code of Trade and Trade.

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