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(영문) 제주지방법원 2016.05.20 2016고단407
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) and is engaged in driving of a freight vehicle B.

On February 9, 2016, the Defendant driven the above cargo while under the influence of alcohol 0.123% during blood transfusions on February 17:35, 2016, and tried to re-enter the road after fixing the above cargo vehicle on the front side of the Seopopopo City.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to safely enter the road by accurately manipulating the steering gear and operating the steering gear while driving another motor vehicle.

Nevertheless, while under the influence of alcohol, the Defendant was negligent in doing so and continued on the left side of the direction of the Defendant’s proceeding due to negligence in the course of business that has entered the road.

D Driving E, the upper part of the upper part of the Cub car was shocked into the upper part above the left part of the cargo vehicle of the Defendant.

As a result, the Defendant sustained injury to the victim F (F) who was on board a Cub car in a state where normal driving is difficult due to influence of drinking, due to the influence of alcohol, and was in need of approximately 2 weeks medical treatment.

2. Violation of the Road Traffic Act (drinking driving) Defendant 2 driven the above-wing truck while under the influence of alcohol with about 0.123% alcohol concentration from the 2km section from the Defendant’s house located in Seopo-si G at Seopo-si in the above day to the above accident site around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Statement of the circumstances of the driver at home, statement of alcohol during blood, and report on the detection of the driver at home;

1. A traffic accident report;

1. A medical certificate;

1. Application of Acts and subordinate statutes to on-site photographs and CCTV editing data;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury to the driving of danger) and Article 5-11 of the same Act concerning the crime.

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