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(영문) 제주지방법원 2020.10.30 2020고단1813

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

[criminal record] On April 8, 2011, the Defendant issued a summary order of 2.5 million won for a crime of violation of the Road Traffic Act at the Jeju District Court, and a summary order of 4 million won for the same crime at the same court on November 27, 2014.

【Criminal Facts】

1. Around 17:30 on June 9, 2020, the Defendant violated Article 44(1) of the Road Traffic Act by driving a FGV80 vehicle from the front of the “C” road located in Jeju-si, which is located in Jeju-si, to the front of the “E” road located in Jeju-si, while under the influence of alcohol by 0.213% of blood alcohol level. The Defendant violated Article 44(1) of the Road Traffic Act at least twice.

2. On June 9, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from D Driving) driven a FGV80 car with a blood alcohol concentration of 0.213% around 17:30 on June 9, 2020 and driven a three-lane road in front of the “E” in Jeju.

At the time, the Defendant was behind the victim G (n, 53 years old) driving in the same direction, and in such a case, the Defendant had a duty of care to secure and proceed with the safety distance that can be avoided when the preceding vehicle stops.

Nevertheless, the Defendant, while under the influence of alcohol, did not recognize the suspension of the said passenger vehicle in a state where it is difficult to drive the vehicle normally due to the influence of alcohol, and did not recognize the suspension of the said passenger vehicle due to the traffic error during the course of business, and did so by the Defendant’s driver’s driving, the lower part of the said passenger vehicle stopped according to the traffic signal that was driven as it was caused by the Defendant’s driver’s above GV80 driver’s injury to the victim, such as the salt, tension, etc. for about two weeks

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the second protocol of examination of suspect against the defendant prepared by the police;

1. Persons involved in a traffic accident in G preparation;