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(영문) 제주지방법원 2017.02.16 2016고단2725

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for six 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 driving of a string vehicle B.

On November 26, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.154% during blood transfusions on November 26, 2016, and led to the rapid progress of the road of four-lanes in front of the net uniform church, which is linked at Jeju City, along the two-lanes from the side of the off-day market, to the new luminous distance.

At the time, since it is at night, there was a duty of care to prevent accidents by seeing the front side and accurately manipulating the steering and steering devices for those engaged in driving business.

Nevertheless, due to the negligence of the defendant's failure to drive normally while under the influence of alcohol, the defendant shocked the back part of the victim C (53 Do, n, n) driving that was under the influence of the signal waiting at the front of the defendant's vehicle.

Ultimately, the Defendant by occupational negligence inflicted injury on the victim C with salt and tensions in need of approximately 2 weeks of treatment, injury on the victim E (54) who is the passenger of the victimized vehicle, and injury on salt and tensions in the neck of the horse that requires approximately 2 weeks of treatment, and injury on the victim F (F) of the horse that requires approximately 2 weeks of treatment to the same victim for approximately 78 years of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an inquiry report on the results of crackdown on drinking driving;

1. Each written diagnosis;

1. Application of statutes on site photographs;

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

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (inter-Korean between the crimes in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving));

1. Selection of each sentence of imprisonment;