(영문) 제주지방법원 2018.10.31 2018고단1072

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(영문) 제주지방법원 2018.10.31 2018고단1072

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for one year.

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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) by the Defendant is a person engaged in driving a wing and cutting-off vehicle C.

On March 24, 2018, the Defendant, without a driver’s license of a motor vehicle on March 24, 2018, was under the influence of alcohol level of 0.104%, and was under the influence of alcohol level of 0.104% before the “E convenience store” located in Jeju-si, and was under the influence of normal driving of the road in the direction of peace in the direction of the village of the flowing water.

In this case, the driver has a duty of care to prevent accidents by accurately manipulating the front and rear left and left, and the steering gear of the driver.

Nevertheless, the Defendant: (a) caused the injury to the victim H (11) and the victim I (9 years), who is the passenger of a vehicle driven by F due to the shock of alcohol, due to the failure to perform such duty of care due to the influence of alcohol; (b) thereby obtaining the back part of the passenger vehicle and the part of the back part of the vehicle and the part of the crime that the Defendant drives, which was driven by F, from the front part of the vehicle in which the Defendant drives, by failing to perform such duty of care; and (c) resulting in the injury to the base part and the tension of the part in need of treatment for about one day.

2. Violation of the Road Traffic Act (drinking) and the violation of the Road Traffic Act (Dless driving) were driven by the Defendant from the 15m section of the C-wing vehicle to the front road of the “E convenience store” located in Jeju Island, without a driver’s license, while under the influence of alcohol 0.104% of the blood alcohol level during a day, such as paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A traffic accident report;

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

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of Part II to each medical record certificate, each medical certificate, and each medical certificate;

1. The aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Act regarding criminal facts.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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