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(영문) 제주지방법원 2015.06.26 2015고단310
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 one year 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 C1 ton cargo vehicles.

On January 13, 2015, the Defendant was driving D-1 ton cargo vehicles with a blood alcohol content of 0.201 percent around 01:40 on the Aggravated Punishment, etc. of Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by D-C-C-C-C-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-S

The accident point is not only a signal, but also a road with a lot of vehicle traffic, so the driver has a duty of care to drive safely by examining the career side in detail.

The Defendant, despite the above duty of care, driven without examining the careerline in detail, and caused the failure of the Defendant to shock the G-learning car of the damaged vehicle in front at the time of the accident at the point of the accident.

As a result, the Defendant inflicted an injury on the scar driver H(n, 49 years of age) on the scar driver’s booms that require approximately two weeks of treatment, and on the scarf I (ma, 47 years of age) with scarf’s salt, etc. that requires approximately two weeks of treatment.

B. Violation of the Road Traffic Act (LA) (MA) The Defendant driven a vehicle of 1 ton of c1 ton cargo owned by the riverhead under the influence of alcohol, such as the foregoing paragraph (a), and driven a approximately 5-6 km distance from the E F hotel physician in front of the secondary apartment located in the Do-dong located in Jeju City to the upper road.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared by H;

1. The actual condition survey report and photographs of the accident site;

1. A report on detection of a drinking driver, a report on the circumstances of a drinking driver, and a written appraisal of alcohol;

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

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment for the crime: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of driving while driving a motor vehicle);

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

1. Punishment;

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