beta
(영문) 제주지방법원 2020.11.25 2020고단1522

특정범죄가중처벌등에관한법률위반(위험운전치상)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

1. The defendant is a person who is engaged in driving a freight vehicle B in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

Around 15:30 on May 24, 2020, the Defendant was behind the operation of the vehicle at D parking lots located in Seopo-si C, Seopo-si.

The driver of any motor vehicle has a duty of care to prevent the occurrence of an accident by driving the motor vehicle in the future and driving on the right and the right and the right, and accurately operating the steering and brakes.

Nevertheless, the Defendant neglected this and caused the driver’s seat of the Fluent vehicle driven by the victim E (the age of 57) due to the negligent negligence that obstructed the blood alcohol concentration of 0.227% while under the influence of alcohol, and led to the Defendant’s trucking part of the pentter.

As a result, the Defendant caused the injury to the victim by negligence who drives the above cargo while under the influence of alcohol, which requires approximately three weeks of medical treatment.

2. On November 3, 2009, the Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (driving without a license) at the Jeju District Court on November 3, 2009, and a fine of KRW 5 million on August 27, 2013 by the same court on August 27, 2013.

The Defendant, at the time and place specified in paragraph (1), driven a bpoter cargo vehicle with approximately one meter while under the influence of alcohol of 0.227%.

Accordingly, the defendant did not obtain a driver's license, and violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement E of the defendant in court;

1. Investigation report on the statement of the oral statement of the employer (report on the circumstances of the employer driver);

1. Application of Acts and subordinate statutes to medical certificates, such as criminal records of car driving licenses, and investigation reports (Attachment to a copy of the same summary order);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, concerning the relevant criminal facts and the choice of punishment.