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(영문) 제주지방법원 2018.09.10 2018고단676
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is also a person who is engaged in driving freight cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On March 16, 2018, the Defendant driven the said vehicle under the influence of alcohol content of 0.145% during blood transfusion at around 18:05, and continued to proceed to the direction of D’s language before C at Jeju.

At the same time, there was a pedestrian who walkes a road, and thus, a person engaged in driving service has a duty of care to view the road as a person engaged in driving service, to accurately operate the steering gear and the system, and to safely proceed after checking the passage of pedestrians.

Nevertheless, the Defendant neglected this and went on to the front side of the above cargo vehicle, and took the front side of the victim E (the 35-year old) who was walking on the front side of the above cargo vehicle, into front side of the left side of the said cargo vehicle, and thereby, had the victim F (3 ) walking over the left side of the said cargo vehicle.

Ultimately, the Defendant driven the above vehicle in a situation where normal driving is difficult due to the influence of alcohol, and caused the victim E to suffer injury such as the necessary dynaf for two weeks of medical treatment, and the victim F to suffer injury such as the dynaf for two weeks of medical treatment and the dynaf for two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking driving) driving a vehicle B in the state of alcohol alcohol concentration of 0.145% in blood at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a CCTV-cape photograph;

1. Making a statement on the circumstances of driving a drinking and inquiring about the results of regulating drinking driving;

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

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. Punishment;

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