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(영문) 제주지방법원 2020.12.17 2020고단2397
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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

1. Around 22:55 on June 12, 2020, the Defendant driven a DSS5 car while under influence of alcohol at approximately 600 meters in a section of about 600 meters of alcohol alcohol concentration from the front of Jeju Island B to the road near the entrance distance of C elementary school at the same time.

The facts charged in the indictment include that "the defendant violated the prohibition of drunk driving regulations not less than twice", but the applicable provisions of the indictment concerning the crime of drunk driving are stated as "Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act", so long as they are stated as "Article 148-2 (3) 2 and Article 44 (1) of

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Risk Driving) is a person engaged in driving DSS5 automobiles.

On June 12, 2020, at Jeju, the Defendant driven the said car under the influence of alcohol level of 0.199% with a three-lane road in front of E on June 12, 2020, while driving the said car under the influence of alcohol level of 0.19%, and was driving at the speed of “string distance at the entrance of the C elementary school” at a one-lane distance from the “string distance at the entrance of the C elementary school.”

At the time, there was a night and there was a vehicle waiting for signal signal at the front, so in such a case, there was a duty of care to prevent accidents in advance by accurately manipulating the steering boat and brake system to the driver of the vehicle.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the front-time and the operation of the operation of the operation system under the influence of alcohol while neglecting this, the Defendant received a part of the victim F (ma, 43 years old) driving G Uidi A6 car, which was standing in the front-time of the Defendant’s driver’s car in the signal atmosphere at the front of the vehicle.

As a result, the Defendant is driving the said car in a state where normal driving is difficult due to the influence of drinking, and the Defendant is infinites and tensions that need to be treated for approximately two weeks for the victim.

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