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(영문) 제주지방법원 2018.07.11 2017고단3462

특정범죄가중처벌등에관한법률위반(위험운전치상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the duties of driving Cone Star Co., Ltd.

On November 30, 2017, the Defendant driven the above passenger-only 0.140% alcohol concentration among blood transfusions, while under the influence of 0.140% on November 30, 2017, and led to the roads of three-lanes adjacent to 100 meters away from the intersection of the Dong sampling located in the winter-dong in Jeju City, along the two-lanes at an insular speed.

At all times, there are vehicles waiting for the signal signal line along the three-distance intersection where the signal lights are installed, so there was a duty of care to reduce the speed in advance as a person engaged in driving of a motor vehicle and properly operate the steering wheel and brake system and drive the motor vehicle safely.

Nevertheless, as a result of the negligence that did not operate the steering direction and brakes as intended by themselves, the part of the victim D (35 years old) who was waiting in the front of the above passenger knife at the front of the foregoing passenger knife while driving the EM5 passenger knife in the front of the foregoing passenger knife, and caused the above SM5 passenger knife in the front of the foregoing passenger knife, and caused the above SM5 passenger knife in the future, and caused the victim F (W, 38 years old) who was waiting in the signal waiting, to have the passenger knife the passenger knife in the front of the foregoing passenger knife.

Ultimately, the Defendant suffered injury to the victims, such as climatic salt, tension, etc., which requires approximately two weeks of medical treatment due to their occupational negligence in a state where normal driving is difficult due to the influence of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of F and D;

1. Report on the occurrence of a traffic accident;

1. Statement of the circumstances of the driver involved in driving;

1. Inquiries about the results of crackdown on drinking driving;

1. Each written diagnosis (F, D);

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant legal provisions and Articles 148-2(2)2 and 44(1) of the Road Traffic Act (the point of drinking) concerning criminal facts and the aggravated punishment for specific crimes.