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(영문) 제주지방법원 2016.08.23 2016고단1191
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) is a person engaged in driving of a motor vehicle with C highest typ.

On May 13, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.153% in blood, and proceeded along the two-lanes of two lanes near Jeju Free Museum located in the Hopo-dong in Seopopo-si, Seopopo-si, Seopo-si, Seopo-si, Seopo-dong, with the direction toward the intersection of the road above the middlewest.

In such cases, a person engaged in driving of a motor vehicle has a duty of care to see the front side and to operate the steering and steering system accurately and safely.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded to the Defendant’s car by negligence in the course of his duties, prior to the Defendant’s car by negligence in the course of his duties (n. 37 years of age). This part of the victim D (n. 37 years of age) driven by the Defendant’s vehicle was shocked into the front part of the Defendant’s car.

As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury such as cerebral sye which requires medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking driving) driven the said low-speed car while under the influence of alcohol with approximately 0.153% alcohol concentration from the 20km section from the road near the Central Elementary School in Seopo-si, Seopo-si, Seopo-si, Seopo-si to the accident place around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared by D;

1. A traffic accident report;

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

1. Notification of the results of regulating drinking driving;

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

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment against the crime: The provision of Article 5-11 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 and the provision of imprisonment, respectively.

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