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(영문) 제주지방법원 2013.12.18 2013고단1483
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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 impunched trucking operations.

1. Around 20:30 on July 3, 2013, the Defendant: (a) driven the above cargo vehicle while under the influence of alcohol level of 0.184%; (b) driven the above cargo vehicle on the 2nd east at Jeju-si, and proceeded from the side of the Jeju Airport to the Seodaemun-gu Public Security Center.

Since there are crosswalks where signal lights are installed, the defendant engaged in driving service has a duty of care to observe the traffic signal and operate it.

Nevertheless, due to the negligence of neglecting this, the victim C(70 years of age) who hangs the crosswalk according to the pedestrian signal was not considered as the driver's full-time part of the defendant's vehicle.

As above, the Defendant driving a vehicle while driving it is difficult to drive the vehicle normally due to the influence of alcohol, thereby causing injury to the victim, such as the death or other damage necessary for a four-day medical treatment.

2. The Defendant stated in paragraph (1) of Article 1 of the Road Traffic Act (Driving without a license and driving without a license) driving the above cargo vehicle while under the influence of alcohol 0.184% of blood alcohol concentration without a driver’s license, with a section of about 1km up to 3-meter at the general stadium park located in the Orradong-dong at the time of a temporary warning from the entrance of the relevant stadium to the 2-lane.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. On-site photographs;

1. Report on detection of drivers, circumstantial statement of drivers, and driver's license register;

1. The actual condition survey report;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of a sound driving) and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning the crime;

1. Violation of Articles 40 and 50 of the Road Traffic Act (the crime of running under the influence of alcohol).

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