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(영문) 제주지방법원 2014.05.09 2014고단306
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

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

The Defendant is a person who is engaged in driving a K5-car.

On February 21, 2014, around 03:10 on February 21, 2014, the Defendant driven the said car under the influence of alcohol concentration of 0.252% by driving it from the Jeju viewing room to the terminal room.

A person engaged in driving of a motor vehicle has a duty of care to prevent accidents by accurately operating and safely driving steering steering the steering gear and brakes in a clean spirit while keeping the steering room and the right and the right of the motor vehicle well.

Nevertheless, the Defendant neglected to do so by negligence, caused the rear of the victim C(56 years of age, in the front of the above K5 vehicle) driving D with the victim C(56 years of age, in the front of the above K5 vehicle, and caused the shock by the shock of the above L5 vehicle, thereby getting the rear of the victim E(48 years of age) driving.

Ultimately, the Defendant, as seen above, suffered from the victim G (the 19-year old) who was on board the said car, with the negligence of driving a car in a situation where normal driving is difficult due to influence of alcohol for about 20 days, each of the above injuries, such as the fluoral finite, etc. requiring treatment for about 20 days, damage to the fluoral finite, etc. requiring treatment for about 20 days to the victim E, and the victim H (the 18-year old-old-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-age-based cating-age-related cating-type-of-age-related cat in need of treatment for about 18 weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement E, I, H, and C;

1. The actual condition survey report;

1. A report on detection of a drinking driver, and a written appraisal of alcohol from blood;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 of the Road Traffic Act concerning the crime.

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