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(영문) 제주지방법원 2020.09.04 2020고단1430
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 07:40 on May 6, 2020, the Defendant, while under the influence of alcohol on May 6, 2020, driven a Espke car from the C parking lot located in Jeju-si B to the flapsing road of Jeju-si D Apartment.

2. On May 6, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a spke car with blood alcohol concentration of 0.202% under the influence of alcohol around 07:40 on May 6, 2020, while driving a spke car at Jeju, thereby proceeding from F to G level.

At the time of the defendant's frontline, the victim H(37 years old) driver's IM car is under way, so in such a case, the defendant, as the driver of the vehicle, has a duty of care to display the front section and accurately operate the brake system while maintaining the safety distance.

Nevertheless, the Defendant neglected to drive a car in a state where it is difficult to drive the car normally due to influence of drinking and did not see the front room properly, and took part of the back part of the horse in the front part of the vehicle that was driven at the front of the driver’s vehicle on duty by negligence, and suffered injury, such as the salt, tension, etc. of the necessary 30 days in need of treatment, by the Defendant’s driver.

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 the person involved in the traffic accident prepared by H;

1. Report on the occurrence of a traffic accident prepared by police officers, report on the circumstances of the driver with the driver with the employer, investigation report, report on the detection of the driver with the employer, and report on the actual condition of the driver with the employer; and

1. A statement in the letter of diagnosis of injury to H prepared by the Chinese medical doctor J;

1. Application of each video statute to a scene photograph;

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

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