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(영문) 제주지방법원 2019.11.22 2019고단1669
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around 00:50 on June 29, 2019, the Defendant driven Cbee or a car at the point where the center line of the two-lane (four-lane) of B B in Jeju city is installed at the center of the two-lane (four-lane) under the influence of alcohol level around 00:0,085%.

2. On June 29, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a Cbeer or a car under the influence of alcohol level of 0.085% at around 00:50 on June 29, 2019, while driving Cbeer or a car, and driving it on the point where the center line of B B in front of the Jeju city was installed at the 5-lane distance from the boundary of the TW.

Since there has been a center line of the yellow-ray, there was a duty of care to safely drive the vehicle so that the vehicle does not go beyond the center line, as a person engaged in driving the vehicle is able to see the front door and accurately operate the brake and steering gear.

Nevertheless, the Defendant neglected this and caused the injury of the victim D(the age of 42) driving E on the left-hand side of the victim D(the age of 42) driving, which was driven by the opposite vehicle due to the occupational negligence going beyond the central line while it is difficult to drive normally due to the influence of drinking, by taking advantage of the front-hand part of the Defendant’s driving, and causing the victim to suffer the injury, such as the salt, tension, etc. of the trend requiring approximately two weeks of medical treatment.

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. Each statement of persons involved in the D or F involved in a traffic accident;

1. Report on the occurrence of a traffic accident prepared by police officers, report on the traffic accident, report on the situation of a drinking driver, report on the oral statement, and report on investigation; and

1. Each description in the form of a medical certificate for a doctor G or HD prepared;

1. The application of each film-related statute of an accident site photograph;

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