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(영문) 제주지방법원 2020.01.10 2019고단2117
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. Around 04:00 on September 15, 2019, the Defendant driven a e-learning car at a distance of approximately 200 meters from the parking lot near C in Jeju-si to the roads front of D in Jeju-si, while under the influence of alcohol by 0.178%.

2. On September 15, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) driven a e-learning car under the influence of alcohol concentration of 0.178% on September 15, 2019 and proceeded to turn to the left at the seat of F Hospital from C to the seat of F Hospital at Jeju.

At the time, there are nights, and there is an intersection where a signal apparatus is installed, so in such a case, there was a duty of care to prevent accidents by accurately operating and safely driving the steering wheel and steering apparatus while living well on the front side and the left side of the driver of the vehicle.

Nevertheless, the Defendant neglected to drive under the influence of alcohol and neglected to turn to the left of the intersection due to the influence of alcohol, and entered “I” in the indictment at the victim G (17 years old) driving on the opposite side of the traffic signal at the opposite lane due to occupational negligence, but it is obvious that “H” is a clerical error according to the evidence record.

Therefore, it is determined that such recognition does not bring about a substantial disadvantage to the defendant's right of defense, and therefore, the above facts constituting the crime should be stated without the amendment process.

On the other hand, the upper part of the upper part of the passenger vehicle's front right is shocked into the front part of the passenger vehicle, and the victim suffered injury such as salt, tension, etc. which requires treatment for about two weeks.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. The statement of the suspect interrogation protocol as to G in the police preparation 1.

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