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(영문) 제주지방법원 2017.07.21 2017고단1024
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 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 car B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving).

On March 14, 2017, the Defendant driven the said car under the influence of alcohol content of 0.122% among blood transfusions on March 14, 2017, and driven the road in front of the Jeju Public Health Center at Jeju 265, a year from Jeju to Jeju, with the speed of 50km from the new side to the south of the city.

Since there are frequent vehicles stopped on the left and right of the road due to the relationship between the main road section in the city, there is a duty of care to prevent accidents by accurately manipulating the brake and steering gear so that vehicles do not leave the lane.

Nevertheless, under the influence of alcohol, the Defendant was negligent in not operating the brakes properly, and the part of the back wheels on the left side of the victim C(W, 50 years old) driving, which was stopped on the lane of the log c, was shocked by the front side of the Defendant’s car.

The Defendant sustained from the negligence of driving a normal driving while under the influence of alcohol to the victim E (V, 16 years of age) who was a victim C and a passenger, due to the negligence of driving a normal driving.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a car at the same time and place as stated in paragraph 1, while under the influence of alcohol content of 0.12% in blood at the same time and place as stated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver in charge of driving and notification of the result of regulating drinking driving;

1. The actual investigation report on traffic accidents;

1. C's written statement related to traffic accidents;

1. Photographs related to accidents;

1. Application of Acts and subordinate statutes to a medical certificate and a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the relevant criminal facts, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol) of the same Act.

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