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(영문) 제주지방법원 2018.05.04 2018고단30
특정범죄가중처벌등에관한법률위반(위험운전치사상)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

The Defendant is a person who is engaged in driving of a fwing cargo vehicle B.

1. On September 19, 2017, the Defendant driven the above cargo while under the influence of alcohol content of about 0.249% from the 1km section from the 1km section to the F. in Jeju City, from the 1km road of D elementary school, D elementary school, C at Jeju, to the F. In Jeju, the Defendant driven the above cargo under the influence of alcohol content of about 0.59%.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from a dangerous driving) was driving the said cargo under the influence of alcohol as set forth in paragraph (1) 1, and led the Defendant to drive the said cargo at a long distance range, depending on the prosperity route, which is the front road of the F.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by safely operating steering steering steering steering gear and brakes accurately, and to reduce the speed prior to changing the lane, and to ensure the safety of the course and to change the lane safely by properly examining the right and the right of the road.

Nevertheless, the Defendant neglected to operate the steering gear and brakes accurately while under the influence of alcohol and failed to operate the steering gear and brakes accurately, and due to the negligence of changing the lanes to three lanes on the right side of the road without properly checking the right and the right and the right, and due to the negligence of changing the lanes to three lanes at the time, the indictment of the victim G ( South, the age of 36) driving along the three lanes at the time, stated “the I Poter Cargo of the Victim G driving,” but according to the evidence record, it is recognized that “the H Poter Cargo of the Victim G ( South, the age of 36)” is “the H Poter Cargo of the Victim G (the age of 36).”

In this case, the above correction of criminal facts does not materially affect the defendant's right of defense, and thus, it is modified ex officio.

The front portion of the right side of the defendant was received from the left side of the cargo vehicle of the defendant.

The defendant is negligent in the above occupational negligence.

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