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(영문) 제주지방법원 2020.05.27 2020고단308
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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. Violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the person engaged in driving freight B.

On October 17, 2019, at around 16:09, the Defendant driven the above cargo while under the influence of alcohol 0.115% of alcohol level, and the Defendant continued to turn to the left at the left at the seat of the court from the slope of the transformation distance to the left at the seat of the distance of the court.

At the time, the victim D (the age of 56) who is driving in the same direction as the cargo of the defendant was driven by the victim D (the age of 56). In such a case, the driver of the vehicle had a duty of care to drive the vehicle thoroughly and maintain the safety distance.

Nevertheless, the Defendant, while under the influence of alcohol, failed to accurately operate the brakes, etc. in a state where it is difficult to drive normally due to influence of drinking, such as the rhythm, the walk of the road, the walk of the Defendant’s back part of the passenger vehicle.

Ultimately, the Defendant suffered, by negligence in the above business, the injury to the victim D, such as salt and tensions in the chill, and the victim F, who was on the victim’s car, for about two weeks of treatment. In addition, the Defendant suffered, respectively, the injury to the victim F, who was on the victim’s car, such as salt and tensions that require approximately two weeks of treatment.

2. The Defendant violated the Road Traffic Act (driving) at a distance of about 1.9km from a distance of about 1.9km to the roads near G (intersection) near the G (intersection) in the same city, under the influence of alcohol of 0.115% of blood alcohol level at the time and time as stated in the above paragraph (1) of the same Article.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the statement of the status of an employer driver (report on the circumstances of an employer driver);

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

1. Each of the former specific crimes provided for in the relevant laws regarding criminal facts.

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