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(영문) 제주지방법원 2020.02.07 2019고단1768

특정범죄가중처벌등에관한법률위반(위험운전치사)등

Text

Defendant shall be punished by imprisonment for a term of four years and six months.

Reasons

Punishment of the crime

[criminal power] On July 18, 1996, the defendant was sentenced to imprisonment without prison labor for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, etc. by the Jeju District Court on July 13, 2006; on July 13, 2006, the defendant was sentenced to a summary order of KRW 2 million for a violation of the Road Traffic Act; on December 4, 2006, the same court was sentenced to a fine of KRW 3 million for a violation of the same Act; on February 6, 2009, the same court issued a summary order of KRW 7 million for a violation of the Road Traffic Act (non-license) at the same court on December 17, 2009; on April 23, 2010, the defendant was sentenced to a summary order of KRW 2 million for a fine of KRW 2 million at the same court on the same crime; on June 23, 2010, issued a fine of KRW 300,000 for a violation of the Road Act (one million).

【Criminal Facts】

The Defendant is a person who is engaged in driving of a fwing cargo vehicle B.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) were driven by the above cargo while under the influence of alcohol level of 0.185% on August 21, 2019, the Defendant driven the above cargo at around 20:10 and proceeded with a one-lane road in front of C in the middle and middle beach bank.

Since the place was a road with a lot of traffic of vehicles and pedestrians, there was a duty of care to safely drive the front section and the right and the right and the right while the driver is under the influence of alcohol, and to accurately operate the steering direction and the brake system.

Nevertheless, the Defendant is under the influence of alcohol while driving in a state where normal driving is difficult.