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(영문) 제주지방법원 2015.11.26 2015고단1378

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 August 15, 2015, at around 23:00, the Defendant driven a motor vehicle B, while under the influence of alcohol of 0.221% of blood alcohol level, and driven the road front of the D Hospital C at Jeju, which is located in C, from the right intersection of the drive of the drive.

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 was negligent in performing the above duty of care in a state where normal driving is difficult due to influence of drinking, and was placed in the front part of the victim E (the 63-year-old taxi) driving in the front.

Ultimately, the Defendant suffered, by such occupational negligence, the injury to the victim E, such as salt, tensions, etc. in light of the following conditions: (a) the victim G (the 48 years of age) and the victim H (the 45 years of age), each of whom requires approximately two weeks of treatment; (b) the Defendant suffered from the injury to the victim E, such as climatic salt, tensions, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of I, J and E;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Statement on the circumstances of a drinking driver, inquiry into the results of crackdown on drinking driving, and report on the detection of a drinking driver;

1. A written appraisal of blood alcohol;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site map and on-site photographs;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving) concerning the crime as prescribed in the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 1 and 44 (1)

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment imposed on a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (a violation of the Aggravated Punishment, etc. of Specific Crimes)

1. Each selective fine for punishment;