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(영문) 제주지방법원 2020.09.23 2020고단1765
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a B car;

On June 24, 2020, at around 23:55, the Defendant driven the said car with the blood alcohol concentration of 0.120%, and led the D 30 meters north-west side of the Jeju city to D from the middle school.

At night and at night, G-cricking Motor Vehicle driven by the victim FF (FF) at night and at the front of the night, was reducing the speed to exceed the speed limit. In such a case, there was a duty of care to prevent accidents by accurately manipulating the front-way traffic situation and accurately manipulating the steering and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, was negligent in driving so that the part on the right side of the victim FF driving was shocked with the part on the front part of the vehicle of the Defendant.

After all, the Defendant suffered from the injury of the victim F, the damaged vehicle by negligence in the course of performing duties while driving a car in which normal driving is difficult under the influence of alcohol as above, and the Defendant sustained approximately 2 weeks of light tensions, tensions, etc. in need of treatment for about 37 years.

2. The Defendant violated the Road Traffic Act (driving) driving a B Kanop car at approximately 12 km from the front of the J referred cafeteria, which is located in Jeju City, to the road specified in paragraph 1, while under the influence of alcohol 0.120% of the blood alcohol level at the time specified in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

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 investigation reports (verification of the status of damage) on the actual condition of survey;

1. Article 5-11(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2(3)2 and 44 of the Road Traffic Act.

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