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(영문) 제주지방법원 2017.08.18 2017고단1504
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving two-wheeled vehicles with two different wheels in B New Flaice ice, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On June 8, 2017, under the influence of alcohol level of 0.151%, the Defendant driven the two-wheeled vehicle while under the influence of alcohol level of 0.151% among the blood transfusion around 23:40, and, at Jeju, proceeded with the “D” road in front of the pented road from the monthly rearrangement section to the ordinary slope.

Since there is a hondro bend, there was a duty of care to prevent accidents in advance by accurately operating the steering gear and controlling speed to a person engaged in driving a motor vehicle.

Nevertheless, the Defendant neglected this and did not properly operate the steering gear while under the influence of alcohol, and caused the Defendant to go beyond the Defendant’s two-wheeled vehicle E (V, 23 years old) and the Victim F (V, 28 years old) to go beyond the ground.

As a result, the Defendant driven a wheeled vehicle in a situation where normal driving is difficult due to the influence of alcohol, and suffered approximately two weeks from the side of the right side for which treatment is required for the victim E, and from the victim F, the Defendant suffered from the slick and the core of the slick, which require treatment for about two weeks.

2. Defendant 1 driven two-wheeled vehicles under the influence of alcohol content 0.151% at the section of approximately 3.8 km from the road of “H” in G at Jeju-si, the day indicated in the above paragraph 1. to the road indicated in the above paragraph 1.8m.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and related photographs (the net 4);

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

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from victim F);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of injury or injury caused by dangerous driving) regarding the crime, and Articles 148-2 and 144 of the Road Traffic Act.

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