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(영문) 제주지방법원 2019.11.27 2019고단1544

교통사고처리특례법위반(치상)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

[criminal power] On January 5, 2016, the Defendant was sentenced to a fine of KRW 4 million by the Jeju District Court for a violation of the Road Traffic Act (driving) and a person who was sentenced to a fine of KRW 3 million by the same court on November 17, 2016.

【Criminal Facts】

1. The defendant is a person who is engaged in driving a vehicle BM7 vehicle in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.

On July 19, 2019, the Defendant driven the said car at around 20:00, and made the left turn to the left at the intersection of the new market entrance from the shooting distance of the Grand hotel while under the influence of 0.063% alcohol level without obtaining a driver's license on the front of the C building at Jeju.

At this point, since the signal apparatus is a private street intersection with a signal apparatus, a person engaged in driving a motor vehicle has a duty of care to prevent accidents by properly manipulating the front door, the left and right of the motor vehicle and properly manipulating the steering system, steering system, brake system, etc.

Nevertheless, even though the Defendant neglected to pay a red signal while driving so under the influence of alcohol, the Defendant’s failure to turn to the left as it is and caused the error of failing to turn to the left, and caused the front part of the victim E (the age of 40) driving in accordance with normal signals from the seat of the D Pharmacy to the front part of the Defendant’s driving vehicle.

As a result, the Defendant suffered injury to the victim due to the above occupational negligence, such as the victim’s unknown frame at the bottom of the left-hand neck, which requires treatment for about four weeks.

2. The Defendant violated the Road Traffic Act (Ftel) and the Road Traffic Act (Ftel without a license) under paragraph (1) and operated BM7 automobiles under the influence of alcohol level of 0.063% under the influence of alcohol level of 0.063% without obtaining a driving license from Ftel at the temporary light of Jeju to the shooting distance of the building in Jeju at Jeju.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, wear of accident, on-site photographs, and field photographs;