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(영문) 제주지방법원 2019.10.25 2019고단1608
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor 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

1. On July 24, 2019, the Defendant driven a e-learning vehicle at a section of about 300 meters from the roads in front of Jeju to D in front of Jeju, while under the influence of alcohol at a level of 0.169% of blood alcohol level on July 24, 2019.

2. On July 24, 2019, at around 06:25, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driving a motor vehicle with blood alcohol concentration of 0.169% and driving the front road in C at Jeju from the F elementary school room to the G sales room.

In this case, the driver of the motor vehicle had a duty of care to prevent accidents by properly manipulating the front section and the left part of the motor vehicle and the left part of the motor vehicle, and by properly manipulating the steering system, etc.

Nevertheless, the Defendant, while under the influence of alcohol, was influencing and influencing, neglected to drive normally in a state of difficulty due to influence of drinking, such as red, and neglected to do so and caused the victim H(64 years old) driving on the left side of the Defendant’s vehicle II, which is driven by the center line on the part adjacent to the Defendant’s vehicle due to the negligence, and led the victim to a dratal typ in need of a medical treatment for about two weeks on the left side of the Defendant’s driving vehicle.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement of the person involved in the traffic accident prepared by H;

1. Report on the occurrence of a traffic accident prepared by police officers, report on the situation of a driving driver, investigation report, notification of the results of the crackdown on driving under influence of alcohol, and report on the traffic accident; and

1. Statement of a letter of general diagnosis of H prepared by the doctor J; and

1. Application of each of the related visual Acts and subordinate statutes;

1. The relevant Article of facts constituting an offense and the first point of a judgment of choice of punishment:

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