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(영문) 제주지방법원 2016.11.17 2016고단1879
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving freight B.

On July 20, 2016, the Defendant driven the above cargo while under the influence of 0.116% of blood alcohol level around 20:10, and led to the two-lane road in the direction of returning from the south to the direction of the south-gu, Seopo-si, Seopo-si.

At the time, it is a straight line abutting on the intersection where a signal, etc. is installed, so in such a case, the driver of the motor vehicle has a duty of care to operate a direction direction, etc. in order to give notice of change of course and to change the car line in order to make it well-being the traffic situation before and after the time.

Nevertheless, the Defendant neglected to do so and negligently changed the lane as it is, and caused the Defendant to shock the entire right side of the Dropical cargo vehicle driven by the victim C(38 years of age) who was driving along the same one lane of the said road as it was due to the negligence of changing the lane as it was.

After all, the Defendant driven the above Poter II cargo vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered the shoulder and the arms in need of approximately two weeks of medical treatment from the victim C.

2. The Defendant violated the Road Traffic Act (driving) driving the said Poter II cargo vehicle under the influence of alcohol with approximately 0.116% of alcohol level in the section of about 2 km from a fishing village near the south-gu, Seopo-si, Seopo-si, Seopo-si to the place of the said accident at around that time.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Report on the results of the crackdown on drinking driving and on the circumstances of drinking drivers;

1. A traffic accident report;

1. A report on internal investigation (the current state of damage), an investigation report (to listen to a victim's statement related to accident details), and an investigation report (the confirmation of the parts and circumstances of the victim's injury).

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