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(영문) 제주지방법원 2017.09.20 2017고단1289
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence 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 is engaged in driving a motor vehicle with Cniki in violation of the Act on the Aggravated Punishment of Specific Crimes (Bodily Injury resulting from Risk Driving).

On March 31, 2017, the Defendant, while under the influence of alcohol of 0.152% among the blood transfusion around 03:20 on March 31, 2017, had the roads in front of the “E” located in Jeju City D, prone from each paper’s hotel room to a yellow distance of about 20km each hour.

At the time, since the road was down and down at night, the driver of the vehicle had a duty of care to see well the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the correct operation of the steering and the system.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in performing his duty of care in a situation where normal driving is difficult and was negligent in driving on the part adjacent to the left side of the Victim F (F, 22 years old) who was crossing the road at the bend of the road in the bend of the Defendant’s driving.

Ultimately, the Defendant driven a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, and suffered injury, such as light salt, which requires approximately three weeks of medical treatment, to the victim.

2. Violation of the Road Traffic Act (drinking) and the violation of the Road Traffic Act (drinking without a license) were driven by the Defendant in the section of approximately 3.5km from the 3.5km to the place in paragraph (1) of the same day, from the cnat in the direction of the “Oatart” moving from the cnat in Jeju City to the cnat in the direction of the “Oatart” to the place in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

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

1. The driver's license ledger (A);

1. A medical certificate;

1. Application of accident scene photographs and statutes on site photographs;

1. Article 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5 of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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