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(영문) 제주지방법원 2020.03.18 2019고단2506
교통사고처리특례법위반(치상)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

On October 31, 2012, the Defendant received a summary order of KRW 1,500,000 from the Jeju District Court to a fine for a violation of the Road Traffic Act.

1. The defendant is a person who is engaged in driving of Bsch Rexton sports partitions.

On November 5, 2019, the Defendant driven the above vehicle while under the influence of alcohol of 05:40 and 0.129% of alcohol concentration in blood, and led the crossing of D elementary school in front of D elementary school in Jeju City to turn to the left at the right of the left one way among the four-lane two-lanes of the E Corporation from the Northwestwest and the northwest and southwest of the Jeju city.

Since there is an intersection where a signal is installed, the driver of the motor vehicle has a duty of care to safely drive the motor vehicle according to the traffic signal and prevent the accident in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected it and received the front part of the G bus driven by the victim F.F.(57 years old) who was driven by green signal at a three-lane left left-hand turn due to the negligence of violating the signal while the vehicle driving signal is straight-hand, and was driven by the victim F.F.(57 years old).

Ultimately, the Defendant suffered injury to the victim, such as salt, tension, etc. in need of medical treatment for about three weeks due to occupational negligence.

2. On November 5, 2019, the Defendant violated the Road Traffic Act (driving) and again driven the motor vehicle, such as Paragraph (1), at the section of approximately 500 meters from the Defendant’s house located at Jeju H to the front road of D elementary school located at the same time C, while under the influence of alcohol at around 05:40 on November 5, 201, and under the influence of alcohol at around 0.129%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The actual condition of traffic accidents;

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

1. A medical certificate;

1. Criminal records, inquiry reports, and criminal records of the same kind as the suspect for the investigation; and

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