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(영문) 제주지방법원 2017.08.09 2017고단892
특정범죄가중처벌등에관한법률위반(위험운전치상)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

1. The defendant is a person engaged in driving a motor vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving).

On March 15, 2017, the Defendant, while under the influence of alcohol 0.201% in blood, driven the front road D in Jeju, around 17:40 on March 15, 2017, driving a motor vehicle of 0.201% in alcohol while driving the motor vehicle of 0.201% in blood, was driving at a speed of about 40km in the direction of a de facto funeral hall from the direction of a de facto funeral hall.

At the same time, the F K7 passenger cars driven by the victim E were stopped in accordance with the suspension signals. In such a case, the person engaged in driving service has a duty of care to ensure safety distance to prevent the collision with the above automobiles by keeping the front door well and to stop in good faith.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not friend the front door, but stopped in front of the moving direction due to negligence, and received the rear part of the victim E’s vehicle behind the Defendant’s vehicle.

As a result, the Defendant driven the said car in a state where normal driving is difficult due to the influence of alcohol, received brain-dead sugars, etc. to the victim E, and at the same time, suffered from the victim G, who was on board the damaged vehicle, about two weeks of medical treatment, such as catitiss, which require approximately two weeks of medical treatment, and the victim H suffered from the catitiss requiring approximately two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driven the said car at a 1km section as above at the time and place specified in paragraph 1, while under the influence of alcohol content 0.201% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A survey report on actual condition (1) (2);

1. Inquiries about the results of crackdown on driving alcohol (A);

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

1. The investigation report (the call including whether to treat or agree);

1. Application of the field, vehicle photographs, on-site photographs and statutes.

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