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(영문) 제주지방법원 2019.06.19 2018고단1902
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who is engaged in driving a B-Wood vehicle.

1. On June 3, 2018, the Defendant driven the said vehicle under the influence of alcohol by 0.270% in the section of about 1km from the front day of the hotel at Jeju to the front day of the road in D at the same time on June 3, 2018.

2. Around June 3, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) was driving the said vehicle at the front of the C hotel at Jeju, while being unable to drive normally under the influence of alcohol level of 0.270% due to the influence of alcohol level on the roads prior to the C hotel at Jeju, and continued the said vehicle to the E ahead of the same hour.

Although a person engaged in driving duty has a duty of care to accurately operate the steering direction and brakes well and accurately, the Defendant neglected his/her duty of care, while driving on a roadside while neglecting his/her duty of care, and caused an injury to the victim, such as catal salt, etc. in need of two weeks of treatment, by taking the passenger car of the victim F. (33 years of age) who was driving in the opposite line to the occupational negligence over which the central line was invaded by the driver, and taking the passenger car into the above vehicle as a car, and sustained the victim's injury.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of the driver, and investigation report (report on the circumstances of the driver);

1. Application of the Acts and subordinate statutes concerning black image;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Articles 148-2(2)1 and 44(1)

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The fact that there are many previous convictions of fines for the same kind of punishment of Article 62-2 of the Social Service Order Criminal Act, and the blood alcohol concentration is very high.

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