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(영문) 제주지방법원 2017.01.24 2016고단1266
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury prior to the risk) and is engaged in driving of the C observer car.

On May 23, 2016, the Defendant driven the said car under the influence of alcohol content of 0.156% in blood around 05:27 on May 23, 2016, and continued to drive the said car to the intersection of the original apartment distance, which is linked at Jeju city, toward the direction of the original apartment at the distance of the gender.

Since there was an intersection where traffic is controlled by signal apparatus, in such a case, a person engaged in driving duties of a motor vehicle has a duty of care to see the front door and to safely proceed in accordance with signals.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so, led the Defendant to the front right side of the Defendant’s vehicle, which was driven by the victim D (66 years) who was driven on the scam hotel shooting distance on the scam of the Ireland, in the direction of the Scam Park in accordance with green Shin, due to the negligence in the course of business proceeding with the red stop signals.

Ultimately, the Defendant, while driving a motor vehicle in a state where normal driving is difficult due to influence of alcohol, suffered injury to brain-dead in which the said victim D had no room for two weeks open to give medical treatment to the said victim D, injury to the victim F (85 years old) who is a passenger of the said taxi for about four weeks of treatment, and injury to the said passenger G (the said passenger), such as brain-dead in which there is no head open room for medical treatment for about three weeks of treatment.

2. The Defendant, who violated the Road Traffic Act, driven the observer car in the state of alcohol alcohol concentration of approximately 00 meters from the 100-meter section around the New Jeju Integrated Market that is linked to Jeju-si in the above day to the above accident site.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared by D;

1. A traffic accident report (on-site investigation report);

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