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(영문) 제주지방법원 2017.06.28 2017고단726
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 17, 2010, the Defendant received a summary order of KRW 2 million from the Jeju District Court to a fine of KRW 1,50,000 due to a violation of the Road Traffic Act (driving), and on December 16, 2014, the same court issued a summary order of KRW 2,50,000 due to a violation of the Road Traffic Act (unlicensed driving).

[Criminal facts]

1. On January 23, 2017, the Defendant: (a) driven a C low alcohol vehicle under the influence of alcohol level of 0.128% while under the influence of alcohol level of 0.128%, without obtaining a driver’s license, from the front of the Gu public health center located in the right line of the front of the right line of the right line at Seopo-si, Seopopo-si; (b) from the front of the right line of the right line at the right line of the right line at Seopo-si; and (c) from the front of the right line at the right line of the right line at 10:04 to the road located in 26:10.

2. Around 00:04 on January 23, 2017, the Defendant: (a) driven a vehicle with low alcohol level of 104 m26 p.m., at the top of the top line on the top of the right line at Seopopopoon; (b) driven a vehicle with low alcohol level of 0.128% in blood while under the influence of alcohol; and (c) driven a vehicle at a speed that cannot be known in the direction of funeral funeral in the direction of the former public health clinic.

At the time, since the night is narrow, there was a duty of care to operate a person engaged in driving of a motor vehicle thoroughly and properly operate the brake system.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in operating the electric field and brakes properly, caused the victim D (55 ) who enters the right side of the front bank to the road for the Defendant’s operation from the right side of the truck to the road for the Defendant’s operation, and received the part of the Defendant’s vehicle in front of the right side of the truck.

After all, the Defendant driven the said car in a state where normal driving is difficult due to influence of alcohol, and suffered injury to the victim, such as dynas, bones, etc. of wood, which requires medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Written Statements 1.

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