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(영문) 제주지방법원 2018.01.09 2017고단2560
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a vehicle in C in a manner that is in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving).

On August 12, 2017, the Defendant driven the said car under the influence of alcohol content of 0.138% from blood transfusion around 05:00, while driving the said car at the influence of 0.138%, and was proceeding to the intersection at the entrance of the eurine of the eurine of this No. 11, which is in the movement of this Decree at the time of Jeju.

In such a case, there was a duty of care to prevent accidents in advance by accurately operating the brake system and controlling speed by checking the front side in a person engaged in driving of a motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and did not properly look at the front, and was negligent in proceeding as it was, and the Defendant’s part of the front part of the car in the instant Swiss area was driven by the victim D (57 ).

As a result, the Defendant driven a car in the above SPP in a situation where normal driving is difficult due to influence of alcohol, and suffered injury to the victim D, such as salt, tensions, etc., which requires approximately three weeks of medical treatment, and suffered injury to the victim F (F) who is the passenger of the above Systama car, for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (drinking) driving a C-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

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

1. Related photographs and a survey report on actual condition;

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

1. The aggravated punishment, etc. of specific crimes as provided in the corresponding Article of the Act regarding criminal facts.

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