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(영문) 제주지방법원 2017.02.02 2016고단2188
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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

On November 30, 2009, the Defendant was issued a summary order of KRW 2 million by the Jeju District Court due to a violation of the Road Traffic Act (drinking driving), and on December 26, 2014, the Defendant was issued a summary order of KRW 3 million by the same court as the same crime.

The defendant is a person who is engaged in driving of a C Poter cargo vehicle.

On September 2, 2016, the Defendant was under the influence of alcohol concentration of 0.213% during blood transfusions on September 14:2, 2016, and without obtaining a driver’s license, the Defendant driving of the said cargo, while driving the said cargo, led the front of the road D at Jeju to drive the said vehicle by straighting the front of the road in front of the vehicle D at Jeju, from the surface of the Jindo-do-do-do-section.

The Defendant, while under the influence of alcohol at the time, was unable to drive a vehicle in a two-lane and was negligent in changing the two-lane from the first to the second-lane, without properly examining the vehicle in a two-lane, and was in the part of the victim F.(31) Gamburging car driving on the two-lane. The Defendant was in the front part of the Defendant’s driver’s freight vehicle in front of the right part.

Accordingly, the Defendant caused the victim F by such occupational negligence to inflict an injury on the victim F, such as salt, tensions, etc. of the horse that requires approximately two weeks of medical treatment, and the victim H (32 years of age) who is a passenger of the above Abdol-purged vehicle, suffered from the injury of the victim H (32 years of age) by causing approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of the F;

1. Report on the situation of a driver driving a drinking and report on the results of regulating drinking driving;

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

1. A copy of a medical certificate (F), or a copy of a medical certificate (H);

1. The driver's license ledger (A);

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and a report of investigation (Attachment to a summary order of the same criminal defendant) by statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (1) of the Road Traffic Act.

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