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(영문) 제주지방법원 2019.02.14 2018고단1434
특정범죄가중처벌등에관한법률위반(위험운전치상)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

1. Around 17:20 on April 1, 2018, the Defendant driven a Fcoon-road without the driver’s license, while under the influence of 0.197% of blood alcohol concentration, from a section of about 8km to the roads adjacent to the e apartment, through D located in C from the front of the Defendant’s residence in Jeju-si, to the roads adjacent to the e apartment.g., the Defendant driven the Fcoon-road without the driver’s license.

2. On April 1, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) (hereinafter referred to as “Aggravated Punishment, etc.”) (hereinafter referred to as “Aggravated Punishment, etc.”) (hereinafter referred to as “Aggravated Punishment, etc.”) committed a two-lane-lane road near E apartment at Jeju city by driving a 0.197% of blood alcohol-related boom, and driving a Fcoon vehicle at the 0.197% under the influence of alcohol level, and then, at the 2-lane road near E apartment at the 2-lane crossing of E apartment at the 1st Intersection of E apartment at the 1st century, the driver took care of the two-time boom-on-on-way road by thoroughly operating the steering direction and brake system, even though he had a duty of care to prevent accidents due to the negligence of failing to properly operate the steering gear, and caused the victim’s injury to the front part of the Defendant’s left part of the instant car.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident;

1. The circumstantial statement of the employee;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 15981, Dec. 18, 2018) concerning criminal facts, and the Road Traffic Act.

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