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(영문) 제주지방법원 2017.08.17 2017고단882
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant is a person who is engaged in driving of Cone Star Co., Ltd.

On March 7, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.120% during blood transfusions on March 7, 2017, while driving the said vehicle, and driving the private road at the entrance of the citizen center located in this Do at Jeju, from the south of the citizen center to the north of the citizen center.

Since there is an intersection that is not supported by traffic control, there was a duty of care to prevent accidents by driving safely after checking whether there is a vehicle in progress by temporarily stopping before entering the intersection.

Nevertheless, the Defendant neglected to drive the said road while driving it is difficult due to the influence of drinking, and due to the negligence of driving it on the left side of the knife hotel, received the back part of the right side of the knife taxi vehicle as the front part of the Defendant’s vehicle.

After all, the Defendant suffered injury to the victim F (V, 50 years old), and the same victim G (V, 54 years old), respectively, for about two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident;

1. A written statement of D, F, and G preparation;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the relevant Act on the crime, and Articles 148-2 and 144-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Act on the Aggravated Punishment, etc. of Specific Crimes);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation and:

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