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(영문) 제주지방법원 2019.05.17 2018고단2395

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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A defendant shall be punished by imprisonment with prison labor for not more than ten 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. Around 03:10 on August 19, 2018, the Defendant, while under the influence of alcohol with blood alcohol content of 0.134% without a vehicle driver’s license, driven a MFW car from the road near “C cafeteria” located in Jeju-si B to the private distance at the entrance of E elementary school located in D.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) was driving the said vehicle under the influence of alcohol of 0.134% at the time limit set forth in paragraph (1), and was driving the said vehicle at the entrance distance of E elementary school located in B at Jeju. The victim G (73 years old) was crossing the said road according to the walking signal from the left side of the Defendant’s running direction to the right side of the road.

The Defendant, while under the influence of alcohol, was negligent in performing occupational duties to prevent accidents by driving the front door and the left and left well and safely, and received the bicycle on board the victim as the front part of the said car.

As a result, the Defendant was driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and the Defendant suffered approximately 10 weeks of medical treatment to the victim.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement of statement with H prepared by the police officer;

1. Entry of the written statement related to the traffic accident prepared by the I;

1. Entry into an investigation report by the police and a statement and video image of the police preparation;

1. Report on the occurrence of a traffic accident by police preparation, the results of the control of drunk driving, the circumstantial statement of a drinking driver, the investigation report, the traffic accident report by the defendant, and each entry into the register of driver's licenses by the defendant;

1. The facsimile of a general medical certificate for G in the proceedings J.