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(영문) 제주지방법원 2016.03.30 2016고단54
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

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 November 22, 2015, the Defendant driven C-wing and cargo vehicles with alcohol content of 0.225% in the influence of alcohol during the blood transfusion at around 13:10 on November 22, 2015, and led to the left turn to the right of turn from the door on the front of the E-cafeteria located in D in Seopopo City, Seopopopo City.

In such cases, the driver has a duty of care to temporarily stop the vehicle and prevent the accident in advance, if there is a vehicle that is under direct control of the driver.

Nevertheless, the Defendant neglected this and continued to run as a matter of course, and was driven by the Victim F, who was on the middle door from the sM5-way on the sM5-way of the said cargo vehicle operated by the Victim F.

The Defendant, by its occupational negligence, destroyed the above SM5 car and escaped without taking necessary measures, such as providing relief to the injured party H (V, 43 years old) who was on board the said SM5, for approximately two-day medical treatment. At the same time, the Defendant sustained from the same I (V, 15 years old) about two-day medical treatment, as well as from the string of the bridge that requires approximately two-day medical treatment, while destroying the above SM5 car and immediately stopping the damaged party.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, on-site photographs, and a report on actual condition investigation;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. A postal record and each medical certificate with respect to F;

1. Application of the statutes governing estimates for repair;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148, 54 (1) (a) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 148-2 (2) 1 and 44 (1) of the Road Traffic Act,

1. Trade name;

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