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(영문) 제주지방법원 2017.01.16 2016고단2927
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On November 13, 2016, the Defendant: (a) driven a e-car under the influence of alcohol level of about 0.209% from the 1.4km section to the D cafeteria located in Jeju City, from the cafeteria near the Jeju apartment, which is linked at around 06:45 on November 13, 2016.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) driving of the said vehicle under the influence of alcohol at the time specified in paragraph (1) and led the Defendant to drive one lane of the two lanes in front of the D cafeteria located in Jeju City at the seat of the Jeju District Office in the Health Management Association.

A person engaged in driving motor vehicles has a duty of care to prevent accidents in advance by properly operating the brake system and maintaining the safety distance, if the preceding vehicle reduces the speed according to the new name while living well on the front side.

Nevertheless, the Defendant neglected to maintain a safe distance without maintaining it due to the influence of the above drinking, and due to the negligence of the Defendant’s vehicle’s failure to maintain the safety distance, and the part of the lower part of the GDD car driven by the Victim F (W, 48 years old) who was in the front of the Defendant’s vehicle was driven by the Defendant’s vehicle.

As a result, the Defendant suffered injury to the victim, such as bones, bones, salt, etc., which requires approximately two weeks of medical treatment, due to such occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, F's statement, a statement on the circumstances of the driver at home, a report on the results of crackdown on drinking driving, a report on the scene of an accident, and a survey report on

1. A medical certificate;

1. Inquiries about the results of crackdown on drinking driving;

1. Application of investigation reports (verification of a suspect's distance from driving alcohol) statutes;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment against the crime: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by the

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