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(영문) 제주지방법원 2016.11.11 2016고단1856
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury to Dangerous Driving) is a person engaging in driving a CSP car.

On August 11, 2016, at around 02:46, the Defendant driven the said vehicle under the influence of alcohol of 0.169%, and driven the said vehicle along the two-lane road near the “EPG charging station” located in Jeju at Jeju, along the direction of the Jeju Middle School.

The Defendant, prior to the same direction, was followed by a G bargaining car driven by the victim F (the age of 27). In such a case, the Defendant had a duty of care to ensure safety distance to avoid when the vehicle driver stops, and to ensure safety distance to avoid when the vehicle driver stops.

Nevertheless, the defendant neglected this and caused the back-offer of the above ice-learning passenger car, which was stopped on the front side of the defendant due to negligence while under the influence of alcohol, to be the fronter of the ice-P passenger car.

As a result, the Defendant driven the above SP car in a situation where it is difficult to drive the car normally due to influence of drinking, and suffered damage to the victim F of the above SP on the bridge subsequent to the bridge under the left-hand side in need of treatment for about two weeks, and suffered injury to the victim H (the 25 years old) who is the passenger of the above SP car, for about two weeks, such as the left-hand shoulder, tension, etc.

2. The Defendant violated the Road Traffic Act (driving) driving a spke car under the influence of alcohol with approximately 0.169% of alcohol level in the section of about 3 km from the 3km-dong of the above temporary border to the place of the accident at around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. The circumstantial statement of the employee;

1. Notification of the result of crackdown on drinking driving;

1. Photographs of vehicles;

1. A traffic accident report;

1. Each written diagnosis;

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