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(영문) 제주지방법원 2021.01.14 2020고단2614
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 13, 2020, the Defendant: (a) driven a B B B B B B B B B B B B B Blue car under the influence of alcohol concentration of 0.139% in blood on October 13, 2020; and (b) driven the front of the C C in the direction of the presidential direction.

At the time, the Defendant, while driving the said car in an incorrect and unfolded manner while walking, was taking the back part of the victim D (T, 23 years old) driving E in the same direction into the front part of the Defendant’s vehicle. The Defendant suffered injury to the victim F (W, 50 years old), who is the victim D and the passenger of the damaged vehicle, for about two weeks of medical treatment.

2. On October 7, 2020, the Defendant was charged with a summary crime of violating the Road Traffic Act with the Jeju District Court on October 7, 2020 and is currently pending trial.

Nevertheless, the Defendant, while under the influence of alcohol level of 0.139% during the day-to-day blood transfusion as stated in paragraph 1, was driving the said Tbluri-car from the front road of Seopopopo City to the front road of C in the same city.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. The written statement of D shall include reports on the occurrence of traffic accidents, actual condition survey reports, statements hearing reports, all on-site photographs, reports on the situation of the driver under the influence of alcohol, notifications on the results of regulating the driving of alcohol, reports on internal investigation (fluences of damaged vehicles), caps photographs, caps photographs, internal investigation reports (related to the diagnosis of damage), and each medical certificate;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on the result of a previous conviction and previous convictions, confirmation of drinking-driving cases currently pending trial of the suspect, and application of statutes on indictment;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by the driving of each risk) as to the crime under the corresponding provision of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 44 of the Road Traffic Act.

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