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(영문) 제주지방법원 2019.10.16 2019고단1206
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 driving a B SP car.

At around 07:20 on May 14, 2019, the Defendant driven the said car under the influence of alcohol level 0.173% while under the influence of alcohol level 0.173%. The Defendant driven the said car from the distance of the interlock to the erode.g.

In this case, a person engaged in driving a motor vehicle has a duty of care to reduce the speed and to stop the accident by accurately manipulating the steering and brakes.

Nevertheless, the Defendant, while under the influence of alcohol, proceeded as it is while neglecting the above duty of care, and was found to have discovered the victim E(the age of 42) driving bents in the front of the car of the Defendant at the latest due to the negligence of the Defendant’s driver, who followed the victim’s vehicle in front of the car.

In the end, the Defendant, while driving a car under the influence of alcohol due to the difficulty of driving the car, suffered from the injury of the victim E, such as salt, tensions, etc. of the chill to the victim E, who was on board the vehicle of the victim E, for about two weeks. The Defendant suffered from the injury of the chills, tensions, etc. requiring a two-day medical treatment.

2. On June 23, 2015, the Defendant was sentenced to a fine of three million won for a crime of violating the Road Traffic Act at the Gwangju District Court, and on July 20, 2017, to imprisonment with prison labor for six months and one year for suspended execution for the same crime at the same court.

The Defendant driven a sp-k-car as stated in paragraph (1) under the influence of alcohol concentration of approximately 0.173% from the 1km section to the site of the accident described in paragraph (1), from the front of G Officetel road at the time of making a temporary border as stated in paragraph (1).

Accordingly, the defendant 2 times.

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