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(영문) 제주지방법원 2018.07.20 2017고단2970

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

On August 14, 2017, around 16:20, the Defendant driven a Dom 520 car without mandatory insurance in a state that it is difficult to drive normally while under the influence of alcohol 0.302% in blood, and led the Defendant to drive a Dom 520 car in the direction of Hanpo Eup.

In order to prevent accidents, a person engaged in driving of a motor vehicle has a duty of care to safely drive the steering and operating the steering gear by accurately operating the steering gear.

Nevertheless, under the influence of alcohol, the Defendant suffered from an occupational negligence, which did not look at the front of the Defendant, the injury of the victim E (the 37-year old-old-old-car) who was driven by the victim E (the 37-year-old-age-old-car) under the personal protective care of the victim E, such as satise, etc. which requires approximately two weeks of medical care, the victim G (the 12-year-old-in-car), the victim H (the 10-year-old-old-in-age), and the victim I (the 10-year-old-in-age-old-in-age), thereby causing the injury of the victim E, such as catum salt, etc. which requires approximately two weeks of medical care. At the same time, the Defendant destroyed the said satise-car totaling KRW 1,65,52 of repairing costs.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, the actual investigation report on the traffic accident, and related photographs;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. A traffic accident-related statement of E;

1. Mandatory insurance (D);

1. Each written diagnosis;

1. Application of written estimates (F) Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the facts constituting the crime as prescribed in the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 151 of the Road Traffic Act, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating an automobile with no mandatory insurance)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.