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(영문) 제주지방법원 2017.04.19 2016고단2886
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a KS3 car.

On October 14, 2016, the Defendant driven the said car under the influence of alcohol content of 0.127% among blood transfusions on October 14, 2016, and driven the said car at a speed of 0.127% prior to the Jeju City Agricultural-ro 118 prior to the Jeju City, and driven the two-lane road prior to the Jeju City Agricultural-ro 118 at the center of the city, and the KAL hotel SAL hotel shooting distance at the center of the city, one lane at a speed of 70km per hour.

At that time, it is not easy to secure the view at the night, and it is not easy to ensure the view at the night, and since the D Karen taxi driven by the victim C(51 tax) was stopped for the signal waiting, there was a duty of care to ensure the safe operation by accurately operating the steering system in advance and reducing the speed of the vehicle's person engaged in driving service.

Nevertheless, the Defendant, while neglecting to do so, did not properly go through the influence of alcohol while the police officer who was under the influence of alcohol, and was negligent in not operating the steering gear and brakes as intended by himself/herself, and received the part of the front part of the said car, following the Karen taxi.

As a result, the Defendant suffered from the injury of the victim C and the victim E (the 34 years old) who was on board the said carren taxi due to the foregoing occupational negligence in a situation where normal driving is difficult due to the influence of drinking, such as the clock, tension, etc. requiring two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. Each written diagnosis;

1. Application of related Acts and subordinate statutes to photographs;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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