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(영문) 제주지방법원 2015.09.11 2015고단488

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 1, 2015, the Defendant, while under the influence of alcohol 08:47, driven a CNS car with a blood alcohol content of 0.115%, led the Defendant to drive the CNS car before the “E” in Jeju at Jeju, proceeding from the Jeju Viewing side to the New Jeju.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by driving the front side and accurately operating the steering and steering devices.

Nevertheless, the Defendant neglected to perform the above duty of care in a situation where normal driving is difficult due to influence of drinking, and continued to drive in the front of the victim F (the 53 years old) driving GS5 car in the front of the traffic signal atmosphere, and received the part behind the left-hand part of the said NA5 car from the victim F (the 5 years old) driving in the front of the said NA5 car, which led to the shock of the said ST5 car in the front of the left-hand part.

Ultimately, the Defendant suffered, by its occupational negligence, the injury to the victim J (W, 48 years old), and the victim K (W, 51 years old), such as salt dys, tensions, etc. in the alley part, which requires the above F and the above EM5 vehicle treatment for about two weeks, as well as the injury to the victim L (W, 34 years old), the passenger of the above H and the above LV vehicle, and the victim M (2 years old), respectively, for about two weeks in need of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by the F and H;

1. The actual condition survey report;

1. The circumstantial statement of the employee;

1. Statement of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment for the crime: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving while driving a motor vehicle);

1. Commercial concurrence: Article 40 of the Criminal Act;