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(영문) 제주지방법원 2017.03.24 2016고단2700
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. The Defendant is a person who is engaged in driving a vehicle CKaren II in violation of the Punishment of Specific Crimes Punishment Act (Bodily Injury resulting from Risk Driving).

On October 26, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.394% in blood at around 20:50, while driving it, and proceed directly to the center of the Chinese language and police box from the side of the Chinese language and police box in front of the Ethnpo City D at Seopopo City.

At night, it was somewhat narrow road at night, and there was a duty of care to safely operate the driver of the vehicle by accurately operating the steering direction and brake system, since the driver of the vehicle was a narrow road at one-lane.

Nevertheless, the Defendant, while under the influence of alcohol, neglected the duty of the front-time driver in a state where it is difficult to drive normally due to the influence of alcohol, caused the Defendant’s negligence to go on the right side of the road in the front direction, and led the part of the FF driver’s Gtok car, which was stopped on the right side of the road, to the part of the Defendant’s driver’s car sirenⅡ.

As a result, the Defendant suffered injury to the victim H (Woo, 38 years old) who was on board the chief of the damaged vehicle due to the above occupational negligence, such as clocks, tensions, etc. in the trend requiring approximately three weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a CKaren II car under the influence of alcohol with approximately 0.394% alcohol concentration on the road of approximately 100 meters from the J cafeteria parking lot adjacent to D, Seopo-si, Seopo-si, Seopo-si, Seopo-si, to E in the front of D.

Summary of Evidence

1. Statement by the defendant in court;

1. F's statement report, diagnosis report, traffic accident report, on-site photograph with respect to F;

1. The application of Acts and subordinate statutes to the detailed statement report on the driver's license and alcohol during blood;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing injury to the driving of danger) and Article 5-11 of the same Act concerning the crime.

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