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(영문) 제주지방법원 2019.09.04 2019고단1056
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 power] On September 15, 2006, the defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) at the Jeju District Court on September 15, 2006, a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the same court on November 21, 201, and a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the same court on May 31, 201, and a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at least twice.

【Criminal Facts】

1. Around 17:35 March 17, 2019, the Defendant: (a) driven the E-wing-III cargo vehicle while under the influence of alcohol content of about 0.115% at the section of about 1.2 km from the 17:45 Jeju-si to the 17:45 Jeju-si Road, through the roads front of the D convenience store in Jeju-si; and (b) around 17:45 on the same day, the Defendant driven the E-Seoul truck while under the influence of alcohol content of about 0.115%.

Accordingly, the Defendant driven a cargo vehicle under the influence of alcohol even though he had a record of punishment for drunk driving more than twice.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) led the Defendant to the residence of the Defendant in the Jeju City from the G on March 17, 2019, while driving the above cargo vehicle around 17:45 on March 17, 2019.

At this point, there was an I salary of the victim H(the age of 26) who is proceeding on the road of one-lane, and a third cargo vehicle of the victim H(the age of 26) who is proceeding on the road, and thus, the driver of the motor vehicle had a duty of care to see the front and right and the right and the right and the right and the right of the driver of the motor vehicle, and to operate the steering and operation safely by accurately manipulating the steering and operation of the steering and operation system, but the defendant neglected this duty and sustained the part of the cargo vehicle of the above victim's cargo vehicle due to the negligence of bypassing it beyond the central line while it is difficult to drive normally due to the influence of 0.115% under the influence of normal operation.

Summary of Evidence

1. The defendant;

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