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(영문) 제주지방법원 2018.01.09 2017고단2773
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in the duty of driving three wheeled Motor Vehicles C.

1. Around August 27, 2017, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) committed bypassing the shooting distance at the 54 degrees of luminous horizontal road from the direction of the gas station in Seoul at the time of Jeju on August 27, 2017 to the direction of the luminous community hall. While driving the said vehicle under the influence of alcohol concentration of 0.199% under the influence of normal driving due to occupational negligence, while driving the said vehicle while not operating the steering direction and brakes properly, the Defendant shocked the victim’s Eststching Estren of the Estren engine of the victim who stopped on the opposite lane due to occupational negligence that failed to properly operate the steering direction and brakes of the said vehicle, with the remainder of the left side of the Defendant’s vehicle.

As a result, the defendant driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking or drugs, and caused the victim to suffer bodily injury, such as salt, tension, etc. of a shoulder that requires medical treatment for about two weeks.

2. The Defendant violated the Road Traffic Act (drinking) driven C-V vehicles at a section of about 500 meters from the Defendant’s residence in Jeju City F to the place of the said accident while under the influence of alcohol content of 0.199% in a daily border, such as the description in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. On-site photographs and a survey report on actual conditions;

1. A medical certificate;

1. Application of Acts and subordinate statutes to reports on the detection of drivers engaged in driving and the statement of the circumstances of drivers engaged in driving;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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. For the reason of sentencing under Article 62-2 of the Criminal Act, the Defendant’s blood content at the time of the instant accident is very high, and the Defendant’s blood content is driving under the same state of driving.

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