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(영문) 제주지방법원 2018.05.04 2018고단15
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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 engaging in driving a B-learning passenger car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On November 9, 2017, the Defendant driven the said car under the influence of alcohol content of 0.114% from blood transfusion around 05:40, while driving it, and driving it at the entrance of the new Jeju elementary school, which is linked at Jeju city, in the direction of the private distance linking the intersection at the entrance of the new Jeju elementary school, in the direction of the space between the two-lanes in the direction of the movable oil station.

At that time, there are two-lanes in the same direction as the Defendant, so in such a case, there was a duty of care to prevent accidents in advance by driving along the car line by checking well the right and the right of the driver of the motor vehicle.

Nevertheless, the Defendant neglected this and driven a two-lane in close vicinity to the two-lane while under the influence of alcohol, and due to the negligence of driving the Defendant, received the part on the right side side of the DMF3 car driven by the Defendant along the two-lanes of the left side of the C ( South, 60 years old).

The Defendant driven the above-learning passenger car in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt, tension, etc., by driving it for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a B-learning car under the influence of alcohol by 0.114% at the 1km section from the 1km section to the road indicated in paragraph 1, which is linked to Jeju-si in the direction of Jeju-do.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. On-site photographs, reports on traffic accidents, and on-site photographs;

1. Application of Acts and subordinate statutes (C);

1. Relevant Articles of the Act concerning the facts constituting the crime;

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