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(영문) 제주지방법원 2017.05.26 2017고단76
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of C Carren car.

On December 24, 2016, the Defendant was under the influence of alcohol content of 0.131% during blood transfusions on December 24, 2016, without obtaining a driver’s license, and the Defendant was driving the said car and driving the E-art front road located in D in Seopopo City, Seopo City, into the face of a mid-to long-term post office.

The Defendant, while under the influence of alcohol at the time, was unable to drive in a normal state due to the negligence that did not properly see the front-time situation, and was driven by the victim F (50) G Dozy-ho-si and the left-hand part of the Defendant’s driving vehicle in front of the passenger car.

As a result, the Defendant caused the victim F by negligence in the above occupational negligence to inflict injury on the victim H(21) of the victim, who is the passenger of the above taxi, on the right side of the third hand, which requires approximately two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A F’s statement, a traffic accident-related person’s statement, and each medical certificate;

1. Statement of the circumstances of the driver under driving and inquiry of the results of crackdown on drinking driving;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Application of Acts and subordinate statutes to the scene photographs of each accident and reports on traffic accidents;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (2) 2, Article 44 (1) (a point of drinking), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The punishment provided for in the former part of Article 37, Article 38(1)2, and Article 50 [the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury resulting from dangerous driving)] of the Act on the Aggravated Punishment, etc. of Specific Crimes shall be aggravated, but the punishment for two crimes shall be aggravated within the scope of the sum of the long-term punishment for two crimes.

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