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(영문) 제주지방법원 2020.03.25 2019고단2579
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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. Around 04:30 on August 11, 2019, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.170%, driven the Jeju-do car from the Jeju-do viewing parking lot located on the 10-lane 10, Jeju-do at the time of Jeju to the front of the same city, to approximately 1km from the Jeju-do viewing parking lot to the front of the same city.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a CF car.

On August 11, 2019, the defendant driving the above car at around 04:30, and driving the front road at the Jeju City, the front road at the Jeju City, from the public health clinic distance room at the Jeju City, was driven by the three-lanes between the three-lanes.

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle under the influence of alcohol while normal driving is difficult, and since the victim D (the victim D(the age of 35) who is driving prior to the three-lane behind the motor vehicle behind the motor vehicle is behind the motor vehicle, there was a duty of care to secure and proceed safety distance to avoid congested with the previous motor vehicle.

Nevertheless, the Defendant neglected this and operated the said G80 vehicle behind the said G80 vehicle under the influence of alcohol content of 0.170% by driving it near the said G80 vehicle, and due to the negligence of finding it late after the said G80 vehicle stops, the said G80 vehicle back part was shocked with the Defendant’s back part of the front part of the vehicle in Coo-gu.

As a result, the Defendant, while driving a car in a state where normal driving is difficult due to the influence of drinking, suffered from the injury of the victim D and the victim F (the age of 21) who was on board the said G80 car, such as salt, tension, etc., which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the actual state of the driver;

1. Investigation report (Report on the current status and statement of the driver);

1. The actual survey report on traffic accidents;

1. Each written diagnosis shall be subject to the law.

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