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(영문) 제주지방법원 2015.12.10 2015고단1347
특정범죄가중처벌등에관한법률위반(위험운전치사상)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. On August 13, 2015, the Defendant was under the influence of alcohol with a blood alcohol content of 0.123% without a vehicle driver’s license on August 21, 2015, the Defendant driven a vehicle of CAbroped by the Defendant’s possession from the same frigate to the front of the entrance of the bombpos located in the same Dong, from approximately 1.5 km at the 1.5 km away from the same frigate, while under the influence of alcohol with a blood alcohol content of 0.123%.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaged in driving vehicles of Chyp

On August 13, 2015, at around 21:41, the Defendant, while under the influence of alcohol of 0.123%, driven the above Aburged vehicle with the blood alcohol concentration of 0.123%, was driving the said Aburged vehicle on the same Don-do road in front of Seopopopo City of Seopopopopo City with the Bopo-ri-dong-dong

In such cases, a person engaged in driving of a motor vehicle shall not drive a motor vehicle in a state where normal driving is difficult due to influence of alcohol, and has a duty of care to prevent accidents in advance by safely driving the motor vehicle, such as reporting the traffic situation well and accurately manipulating the steering gear, etc.

Nevertheless, while the Defendant was negligent in driving on the side of the road, the back part of the Fk5 taxi vehicle driven by the victim E (the age of 53) who was standing to get passengers on the side of the road was concealed into the front part of the Defendant vehicle.

As a result, the Defendant’s injury to the victim E, such as salt, tensions, etc., requiring approximately three weeks of treatment, and the victim G, who is the passenger of the victimized vehicle, is indicated as “I” but it is apparent that it is a clerical error in “G”. Thus, it is corrected ex officio within the scope of the identity of the facts charged.

(16) and H (17) suffered from each injury, such as salt, tension, etc., in need of two weeks of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, G and H;

1. A report on the occurrence of a traffic accident and a report on actual condition;

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