beta
(영문) 제주지방법원 2019.09.25 2019고단378

특정범죄가중처벌등에관한법률위반(도주치상)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

The defendant is engaged in the driver's service of the car in B, A, A, A, A, A, A, A, B.

On December 5, 2018, at around 22:35, the Defendant driven the said vehicle while under the influence of alcohol of 0.203% of the blood alcohol concentration, and led the transformation station shooting distance of 76 at the age of Jeju at the speed of 30-40km from the side of C at the speed of about the speed of 30-40km.

At this point, it is a private-distance intersection, and the road of the same luminous water flow direction that the defendant intends to proceed bypass was a round-down four-lane road where the center line of yellow solid lines is marked.

In such cases, there was a duty of care to prevent accidents, such as thorough performance of the duty of care for the driver of the motor vehicle, and the safe progress of the motor vehicle in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected to drive so that the Defendant was able to fright-handly and fright-hand at the right-hand side of the Defendant’s vehicle, and fi40 driver’s vehicle driven by the victim E (the aged 40) who f.i.40 driver’s f.o.b., f., which f.d., f. to D from the right-hand side of the 3,777,486 driver’s f.o.b., the Defendant f.d., her driver’s f.b., her driver’s f., her driver’s f.s., her driver’s f.s., her driver’s f.s., her driver’s f.s.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, G, H, and I;

1. A report on the actual state of the driver;

1. A written diagnosis and written estimate;

1. Application of the photographic Acts and subordinate statutes by cutting booms and video images;

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, and Article 148-2(2) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018).