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(영문) 제주지방법원 2018.07.02 2017고단2559
특정범죄가중처벌등에관한법률위반(위험운전치상)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

On June 26, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law in support of the Sungnam-gu court of Friwon, and a summary order of KRW 3 million for a crime of violating road traffic law at Busan District Court on November 25, 2009.

1. The Defendant is a person who is engaged in driving a freight vehicle B in salary-wing and franchising, in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On July 11, 2017, the Defendant driven the above cargo under the influence of alcohol content of 0.198% from blood transfusion around 17:00, while driving the said cargo, and proceeded with the irrigation intersection, which is located on the water repair at the Jeju-si At the Jeju-si, from the intersection to the intersection of the water for the purpose of use, with the “line h” strings.

The Defendant, prior to the same direction, was followed by DPoter Ⅱ, driven by the victim C(48 S). In such a case, the Defendant had a duty of care to ensure safety distance to avoid when he stops the said Poter Ⅱ, and to ensure the safety distance to avoid when he stops the said Poter Ⅱ.

Nevertheless, the Defendant neglected this and was negligent in driving at the right side of the PoterⅡ in the front side of the PoterⅡ, which was carried out by the Defendant at the right side of the PoterⅡ.

As a result, the Defendant driven the above sealed truck in a situation where normal driving is difficult due to influence of drinking, and suffered injury to the victim C, such as the side fluoral fluoral fluor, etc. inside the inside of the slater, which requires approximately three weeks of medical treatment, and suffered injury to the victim E, who is the passenger of the above fluor II truck, for about two weeks of medical treatment.

2. Defendant 1 who violated the Road Traffic Act (drinking driving) from the roads near the residence of a person located in the Jeju-si F at the time indicated in the above 1.1 to the roads indicated in the above 1.1.

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