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(영문) 제주지방법원 2016.06.01 2016고단390
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

1. The Defendant is a person who violates the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused before the risk) and is engaged in driving with partitions.

On February 5, 2016, the Defendant driven the said car under the influence of alcohol content of 0.113% during blood transfusion 0.20%, and continued to drive the said car along the first lane on the side of the E station located in D at Jeju, driving the road of three lanes in front of the E station at Jeju.

At all times, there was an intersection where traffic is controlled by signal apparatus, so in such a case, the driver of the motor vehicle had a duty of care to see the front door and to operate the steering and steering system accurately and safely.

Nevertheless, the Defendant, while under the influence of alcohol, neglected to do so and proceeded to the Defendant by negligence in the course of his duties, and proceeded to the Defendant by negligence in the course of his duties, and continued to the Defendant, and the victim F (MM5 years old), who was standing in the signal atmosphere, was shocked with the back part of the right side of the GM5 car driven by the Defendant, in front of the left side of the car of the Defendant.

결국 피고인은 음주의 영향으로 정상적인 운전이 곤란한 상태에서 자동차를 운전하여 위 피해자 F 및 피해 승용차에 동승하고 있던 피해자 H(40 세), 피해자 I(13 세), 피해자 J(9 세 )에게 각각 약 2 주간의 치료가 필요한 경추의 염좌 등의 상해를, 같은 동승 자인 피해자 K( 여, 0세 )에게 약 2 주간의 치료가 필요한 야제( 夜啼) 의 상해를 각각 입게 하였다.

2. Defendant 1, who violated the Road Traffic Act (drinking driving), driven a car with the above test while under the influence of alcohol content of about 0.113% from the 3km section from the Do in front of the restaurant at the city of Jeju around the above day to the place of the accident around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A driver who makes an inquiry about the result of crackdown on driving under drinking, and a driver who takes the driving;

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