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(영문) 제주지방법원 2020.05.15 2020고단450

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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Defendant shall be punished by imprisonment for a term of one year and four months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] The Defendant stated in the indictment that “2019....” However, according to Article 69-71 of the evidence record, it is obvious that the Defendant is a clerical error in the “2020.....”

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

1. The Jeju District Court has been issued a summary order of two million won or more for a violation of the Road Traffic Act;

【Criminal Facts】

1. Around 20:30 on January 11, 2020, the Defendant violated Article 44(1) of the Road Traffic Act by driving a Flue e-sports car at a section of about 200 meters from the roads in front of C located in Jeju City to the roads in front of C located in Jeju City, while under the influence of alcohol of 0.137%.

2. On January 11, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven a Feth-sports sport car with a blood alcohol concentration of 0.137% under the influence of alcohol around 20:30% on January 11, 202, and led the E-ray in D at Jeju to G from the wing side.

In this case, there was a duty of care to safely cross the road according to the direction of signal, etc. to a person engaged in driving of a motor vehicle.

Nevertheless, the Defendant, while driving a vehicle in a state where it is difficult to drive the vehicle normally due to influence of alcohol, is due to the occupational negligence by driving the above liquid sports vehicle while entering the above intersection and making a left-hand turn to the left in accordance with the new sub-paragraph, due to the occupational negligence of entering the above ethical sports vehicle from the H Hospital room. The part of the first driver's left-hand part prior to the left-hand part of the ethical sport vehicle is taken as the front-hand part of the above ethical sports vehicle, and the victim K (e.g., 65 years of age) who is the passenger of the said ethth-sports vehicle needs to receive approximately two-