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(영문) 제주지방법원 2019.05.16 2018고단2806

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a vehicle BMW 320D

At around 00:50 on September 3, 2018, the Defendant, while under the influence of alcohol with 0.207% of blood alcohol concentration, was driving the said vehicle and making a U-turn to proceed with the opposite line on the “D” front of the “D” in Jeju City.

Since the place is where the center line of yellow solid lines is installed, there was a duty of care for those engaged in driving service to make a safe internship at the permissible point of internship.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, got the victim from the front part of FOtoba driven by the victim E (the age of 22) on the back part of the above passenger vehicle due to the negligence of the central line, and caused the victim to go beyond the ground.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol or drugs, and received the victim, who was in need of treatment for about two weeks, such as the lower and the lower alley.

2. Violation of the Road Traffic Act (MMW 320d car under the influence of alcohol with approximately 0.207% of alcohol in the section of about 150 meters from the road near “H” located in G at the time of making a temporary border as set forth in paragraph (1) to the place set forth in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of traffic accident-related person prepared by the I;

1. Application of Acts and subordinate statutes to traffic accident reports, traffic accident reports, reports on the occurrence of a traffic accident, reports on the state of the driver's situation, investigation reports, investigation reports (report on the state of the driver's status), inquiries into the results of the crackdown on drinking driving, medical certificates, and I vehicle black boxes and video CDs;

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) 1 and 1 of the Road Traffic Act concerning criminal facts;