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(영문) 제주지방법원 2018.07.09 2017고단3018
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 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 is engaged in driving of C cargo vehicles in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving)

On September 8, 2017, under the influence of alcohol 04:42, the Defendant driven the foregoing cargo vehicle with a maximum alcohol level of 0.150% during blood transfusion and continued the front road of the Jeju-si Building with the Hanmaae Hospital located in the Hanmae-si.

Since there is a hondro bend, there was a duty of care to prevent accidents in advance by accurately operating the steering gear and controlling speed to a person engaged in driving a motor vehicle.

Nevertheless, the Defendant neglected this and did not properly operate the steering gear while under the influence of alcohol, thereby overcoming the central line, and received a utility pole on a road facing it.

Ultimately, the Defendant, while driving the above cargo in a situation where normal driving is difficult due to influence of drinking, suffered from the victim E (the 50-year old age), who was on board the Defendant’s vehicle, for about seven weeks of medical treatment.

2. Defendant 1 driving a C truck under the influence of alcohol content 0.150% from the 8km section from the cafeteria to the road indicated in the above 1.1.3m section from the day before the cafeteria at the city of the city of Jeju as indicated in the above 1.1.3m section.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident;

1. Statement of the circumstances of the driver involved in driving;

1. A survey report on actual conditions;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation and:

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