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(영문) 제주지방법원 2017.02.08 2016고단2839
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle of C in accordance with the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk).

On November 10, 2016, the Defendant, while under the influence of alcohol level of 0.154% among the blood transfusion around 18:00, was driving ahead of the Han-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri.

At the time, there is a place where the center line of the yellow domin line is installed, so there was a duty of care to ensure that a person engaged in driving of a motor vehicle is obliged to operate the motor vehicle in a safe manner by thoroughly holding the front line in the front line and by maintaining the tea line.

Nevertheless, the defendant, as seen above, had a difficult driving due to the influence of drinking, had the full side of the victim F (54 Do)'s G MH car, which was driven in the opposite opposite lane due to the negligence of the center line in the situation where it is difficult for the defendant to drive in a normal manner, shocked into the right side of the driver car above.

As a result, the Defendant suffered a variety of diversity typology which requires approximately two weeks of treatment due to such occupational negligence.

2. Violation of the Road Traffic Act (drinking driving) the Defendant driven a CG driver car every time while under influence of alcohol of about 0.154% in alcohol level on the road at approximately 5 km distance from the Han-do-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a F’s statement, an accident scene photograph, an on-site map, and a survey report on actual condition;

1. Statement of the circumstances of the driver involved in driving;

1. A medical certificate;

1. Application of Acts and subordinate statutes to a report on investigation (Correction of a shocked part), a hazard vehicle, and photograph of damaged vehicles;

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 (the point of causing danger and injury to the driving of a motor vehicle and the choice of imprisonment) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act.

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