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(영문) 제주지방법원 2020.09.16 2020고단1722
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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a car BM3.

On June 16, 2020, the Defendant driven the said vehicle while under the influence of alcohol 0.185% of alcohol level 0.185% on blood alcohol level on June 16, 2020, and led to the flow of the new-market intersection, which is linked to Jeju-si, from C to the right to the right to the right to the right to the right.

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Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving so that the part on the back of the victim D's car was shocked with the part on the front part of the Defendant's car.

After all, the Defendant suffered from the injury of the victim D and the victim F (the age of 38) who was injured by occupational negligence while driving a car in a situation where normal driving is difficult under the influence of alcohol as above, for about two weeks of medical treatment, such as salt, tension, etc.

2. Around 23:53 on June 16, 2020, the Defendant driven a “SM3” vehicle from the H cafeteria located in G at Jeju to the place described in paragraph (1) at approximately 470 meters, while under the influence of alcohol with a blood alcohol concentration of 0.185%.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the statement of the situation of the driver, and report on the situation of the driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of running a sound driving);

1. Each of Articles 40 and 50 of the Criminal Code of Trade and Trade.

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