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(영문) 제주지방법원 2017.06.28 2017고단449

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a car at CV in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On February 18, 2017, the Defendant driven the said car under the influence of alcohol content of 0.117% among blood transfusions on February 18, 2017, and continued to drive the said car in the speed of 0.117%, along a three-lane road at a distance of 50 meters on the right side from the intersection inside the sea to the street intersection.

Since there was an intersection where signal lights are installed at the front of that place, in such a case, there was a duty of care to reduce the speed to a person engaged in driving service and to prevent accidents in advance by looking at the same attitude of other vehicles in the above signal lights and the front of the road.

Nevertheless, as long as the Defendant neglected to perform his duty at the front time under the influence of alcohol due to a difficult driving due to the influence of alcohol, the Defendant’s negligence in the course of duty, which led to the Defendant’s negligence, and found that the victim D(41) driving in the same direction was stopped for the signal waiting, and was immediately driven, but the Defendant’s driving did not avoid, but did not look at the part of the victim’s driver’s driver’s driver’s above part of the crime leading to the victim’s driving.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as cerebrovasil, in which there is no room to treat the victim for approximately two weeks open.

2. On February 18, 2017, the Defendant: (a) driven a CV Scoo-coo car in the state of under the influence of alcohol content of about 0.117% in alcohol on the road at approximately 4 kilometers from the day before a mutual influent restaurant near two ports of the Do, Jeju-do, Do; to the day before the 945 Do, in the same Do, from the day before the 50-meter crossing.

Summary of Evidence

1. Statement by the defendant in court;

1. Written Statements 1.