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(영문) 제주지방법원 2018.04.18 2017고단3001
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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. The Defendant is a person engaging in driving a vehicle CK5 in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On October 2, 2017, the Defendant driven the above car at around 02:16, and driven the road in front of the E cafeteria at Jeju, along the two-lanes in the direction of the death distance from the street post office.

In such cases, a driver of a motor vehicle has a duty of care to prevent accidents by safely driving the motor vehicle by safely driving the motor vehicle, such as taking into account the traffic situation on the front line and accurately manipulating the steering gear, etc.

Nevertheless, the Defendant was negligent in neglecting the duty of the previous week while under the influence of alcohol level of 0.178% while driving normally while under the influence of alcohol level of 0.178%, and received the back part of the victim F(48 years old) driver’s G car driving in the front direction of the running direction.

As a result, the Defendant suffered injury, such as salt ties, tensions, etc. in light of the need to receive approximately two weeks of medical treatment from the victim due to the above occupational negligence in a state where normal driving is difficult due to the influence of drinking.

2. On October 2, 2017, the Defendant: (a) driven CK5 cars in the state of alcohol alcohol alcohol level of about 300 meters from the I Sing practice place located at H at Jeju to the front of the E cafeteria located at the same time; (b) around 02:16, the Defendant driven CK5 cars in the state of alcohol level of about 0.178%.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Statement of the circumstances concerning the driver at the main place of business (A);

1. Inquiries about the results of crackdown on driving alcohol (A);

1. Medical certificate (F);

1. Application of Acts and subordinate statutes to photographs by cutting on the spot, vehicle photographs, black stuffs images;

1. The relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing bodily injury to dangerous driving) and imprisonment with prison labor, respectively, for criminal facts.

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