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(영문) 제주지방법원 2018.07.03 2018고단129
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person engaging in driving a DMINI car.

On December 16, 2017, the Defendant was under the influence of alcohol concentration of 0.127% during blood transfusions on December 2016, 2017, the Defendant driven the said car to turn to the left at the right after driving the vehicle in the direction of fire station shooting distance from the center of the Jeju Island 0.127%.

Since there is a cross-section where signal lights are installed, a person engaged in driving service has a duty of care to prevent accidents by safely proceeding in accordance with traffic signals.

Nevertheless, the Defendant neglected this and went to turn to the left due to the negligence in contravention of the signal while under the influence of alcohol and went to the right side of the above MINI car by driving the FM7 car driving on the right side of the victim E (on the other, 61 years old) who was going to go to the right side of the above MINI car according to normal signals.

As a result, the Defendant driving a motor vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury such as cerebral sye which requires medical treatment for about two weeks.

2. On December 16, 2017, the Defendant: (a) driven a DNA MINI car in the state of alcohol alcohol alcohol level of about 0.127% from the 5km section from Jeju High School located in the Nowon-gu, Jeju High School to the point of accident as described in paragraph (1) at around 20:5 on December 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. The written victim involved in the E traffic accident;

1. A report on the occurrence of a traffic accident and an accident scene photograph;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Each written diagnosis (E);

1. The actual investigation report on traffic accidents;

1. Application of the photographic Acts and subordinate statutes by cutting down the Gabbox image images;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment.

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