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(영문) 제주지방법원 2018.11.02 2018고단1041
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a vehicle B options in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On April 28, 2018, the Defendant was under the influence of alcohol content 00:45% in blood, and thus, it was difficult to drive the said car normally, but the front of D in Seopopo City C was under the influence of alcohol, and the Defendant was to turn to the left at the face of the post office in the middle of the E market.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by driving the front side and accurately operating the steering and steering devices.

Nevertheless, when the Defendant was negligent in neglecting the above duty of care due to influence of drinking, the Defendant received the part on the left-hand side of the Defendant’s car in front of the passenger car by driving G G G 29 years old, which was going to a middle post office located at an elementary school located in the middle school.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury to the victim F, for about two weeks of medical treatment.

2. On April 28, 2018, the Defendant: (a) driven a B observer car under the influence of alcohol with approximately 300 meters alcohol concentration of 0.215% from the 300-meter section from the e market head to the front intersection located in Seopopo City D in Seopopo City, Seopopopo City, on April 28, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident-related statement of the F;

1. Report on the occurrence of a traffic accident;

1. An accident scene photograph;

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

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. Application of Acts and subordinate statutes (F);

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

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