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(영문) 제주지방법원 2018.05.21 2017고단2771
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

1. The Defendant is a person who is engaged in driving a motor vehicle with CM3 vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On September 28, 2017, the Defendant was under the influence of alcohol content of 0.227% during blood transfusions on September 28, 2017, and was under the influence of 0.27% on Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju High School, and was under the influence of the Jeju Maju.

A person engaged in driving of a motor vehicle shall not operate a motor vehicle in a state where normal driving is difficult due to influence of drinking, and he/she has a duty of care to prevent accidents in advance by driving the motor vehicle safely, such as accurately operating steering and brakes.

Nevertheless, the Defendant neglected this duty of care while under the influence of alcohol and proceeded on the part of the victim D(W, 23 years old) coming from this part, which was driven by the Defendant, was under the left side of the motor vehicle driven by the Defendant.

As above, the Defendant suffered from the injury of the victim D and the victim F, a passenger of the said SP car, due to the negligence in the course of business that driven the said car in a situation where normal driving is difficult due to influence of drinking, such as clocks and tensions that require approximately 2 weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said CM3 car under the influence of alcohol with 0.227% alcohol concentration in blood at the time and place specified in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. Statement of the circumstances of driving at home;

1. Inquiries about the results of crackdown on drinking driving;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act (the aggravated punishment, etc. of specific crimes).

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