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(영문) 제주지방법원 2016.08.11 2016고단550
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

On October 2, 2008, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Jeju District Court on October 2, 2008, and on November 7, 2008, the Defendant issued a summary order of KRW 1.5 million for the same crime in the same court.

The Defendant is a person who is engaged in driving a math freight vehicle B.

On March 2, 2016, the Defendant was under the influence of alcohol content of 0.184% during blood transfusion, without obtaining a driver’s license, and the Defendant driven the said cargo to drive the said cargo before the Jeju-dong-ro 61 in Jeju-do, Jeju-do, from the surface of the North Industrial Complex to the 6th square.

The Defendant, while under the influence of alcohol, was negligent in driving at the center line in a state where normal driving is difficult at the time, was driven by the Defendant’s front part of the victim C(32 Do) driving in the opposite lane, which was parked in the signal atmosphere in the signal atmosphere, as the front part of the Defendant’s cargo vehicle.

As a result, the Defendant got the victim E (the 30-year-old) who is a passenger of the Aburged passenger car (the 30-year-old passenger) to receive approximately two weeks of treatment on the ground that the Defendant caused the above C by the foregoing occupational negligence.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

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

1. A report on the occurrence of a traffic accident (including a traffic accident occurrence report, related photographs, and field map), inquiry about the results of crackdown on drinking driving, and a report on the actual condition of a traffic accident;

1. Each written diagnosis;

1. The ledger of driver's licenses (A or cancellation);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (Attachment to a summary order related to the suspect) shall be made;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed in relation to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and Article 152 subparagraph 1 of the Road Traffic Act.

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