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(영문) 제주지방법원 2018.11.02 2018고단976

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment for not less than eight months.

However, 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

1. The Defendant is a person engaged in driving a vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from hazardous driving).

On March 24, 2018, the Defendant driving the said vehicle under the influence of alcohol content of 0.164% during blood transfusion 05:05 on March 24, 2018, and making it possible for the Defendant to set the front street of D in Jeju at the entrance distance from the entrance of the vehicle at Jeju.

While driving a vehicle in the direction of Apt, while under the influence of alcohol, due to occupational negligence, he/she was placed at the right side of the said apartment in front of the right side of the said vehicle (73 years old), the victim E (the 73 years old) who was walking along the edge of the way in the direction of the entrance direction of the entrance in the said apartment house, as long as he/she neglected the duty of the front-way watch

Defendant 1 driven a vehicle in a situation where normal driving is difficult as above and suffered injury, such as the thring of 9 weeks of medical treatment, the upper part of the body frame, the upper part of the upper part of the body frame and the upper part of the body frame.

2. The Defendant driving a vehicle B Pocoo under the influence of alcohol content of 0.164% while under the influence of alcohol at the same time, at the same place as that set forth in paragraph 1, at the same time and place as that set forth in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, on-site photographs, and a survey report on actual condition;

1. Statement report on the situation of a driver who is placed in driving and inquiry about the results of regulating drinking driving;

1. A report on investigation (on-site verification) and a report on investigation (on-site verification of a damaged vehicle);

1. A medical certificate (E-9 note);

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. Articles 37, 38(1)2, and 50 (Article 50) of the Act on the Aggravated Punishment, etc. of Specific Crimes, to the extent that the punishment is more severe and the long-term punishment of two crimes, which are stipulated in the crime, is added.