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(영문) 제주지방법원 2019.01.16 2018고단1437
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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

The defendant is a person who is engaged in driving of the NEW franchise XG car.

On April 12, 2018, the Defendant driven the above vehicle while under the influence of alcohol 05:40% of blood alcohol level 0.152%, while driving the vehicle, and driven the shooting distance at the entrance of the Dridge C at Jeju, from the north of the human history distance.

In such cases, a person engaged in driving service has a duty of care to prevent accidents in advance by accurately manipulating the steering direction and brakes well.

그럼에도 불구하고 피고인은 위와 같이 술에 취해 이를 게을리 한 채 그대로 진행하다가 같은 차로에서 신호 대기로 정차 중인 피해자 E이 운전하는 F 프라이드 승용차의 뒷부분을 피고인 차량의 앞부분으로 들이받았고, 그 충격으로 위 프라이드 승용차가 앞으로 튕기면서 그 앞에서 신호 대기로 정차 중인 피해자 G가 운전하는 H 쏘나타 택시의 뒷부분을 들이받게 하였다.

In the above occupational negligence, the Defendant: (a) inflicted bodily injury on the victim E (the 67-year-old) on the part of head and other parts in need of treatment for about two weeks; (b) inflicted bodily injury on the victim G (the 54-year-old) such as satise base and tension, etc.; and (c) inflicted bodily injury on the victim I (the 41-year-old passengers) who are taxi passengers at approximately two weeks of medical treatment; and (d) went away without taking measures such as providing relief to the victim, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and G;

1. A report on the actual state of the driver;

1. The actual condition survey report;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes by cutting off a field photograph of an accident, a black stude images of a damaged taxi vehicle, or by cutting off CCTV images marked by a harming vehicle in flight;

1. The punishment of each specific crime under Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking) against criminal facts and the aggravated punishment of each specific crime.

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