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(영문) 제주지방법원 2019.05.15 2018고단2117

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for 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 driving a BM3 car.

1. On August 30, 2018, the Defendant driven the said car under the influence of alcohol with a blood alcohol concentration of 0.143% from the section of approximately 4.5 km to the roads of Jeju, around 06:25, around August 30, 2018.

2. On August 30, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven the pertinent car on the Jeju road, which led to driving the said car along the two-lanes from the shooting distance at the entrance of the roadsides of the instant test to the direction of the two-lanes.

A person engaged in driving service has a duty of care to safely operate the steering system by accurately operating the steering gear and the steering gear.

Nevertheless, the Defendant, while under the influence of alcohol level 0.143%, driven by a person who is difficult to drive normally due to a breath alcohol level 0.143%, received the victim’s automobile part of the left part of the victim D(57 years old) E rocketing personal taxi from the Defendant’s driver’s vehicle, and suffered injury to the victim, such as sugar without two weeks’s wifes for treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A medical certificate;

1. Application of Acts and subordinate statutes to reports on the state of his/her oral statement, and investigation reports (report on the state of his/her oral driver);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Articles 148-2(2)2 and 44(1)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has a criminal record of a fine for the same kind, on the other hand, the degree of injury is minor, and the vehicles are covered by a comprehensive insurance.