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(영문) 제주지방법원 2021.02.05 2020고단2801
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

[Power of crime] On May 17, 2012, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (driving) at the Jeju District Court.

【Criminal Facts】

1. On August 4, 2020, the Defendant violated Article 44(1) of the Road Traffic Act by driving CM5 cars on the roads near Jeju-si, B while under the influence of alcohol leveling 0.20% among the blood transfusions on August 4, 2020, and violated Article 44(1) of the Road Traffic Act at least twice.

2. On August 4, 2020, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven a CM5 car near Jeju-si under the influence of alcohol concentration of 0.200% during blood transfusion on August 4, 2020, and driven a CM5 car at a speed of about 58 km per hour depending on the speed of 58 km from the surface of D high school to E apartment bank from the surface of D high school.

At the same time, the GV cruise car of F operators, and the IH driving, I were in the order of signal waiting, and thus, in such a case, the driver of the vehicle has a duty of care to prevent accidents by accurately manipulating the front section and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the safe operation of the steering boat and the system.

Nevertheless, under the influence of alcohol, the Defendant’s negligence in the course of performing duties, which did not neglect the driving at the normal time due to the influence of alcohol, caused the Defendant’s driver’s negligence in the course of performing duties, and did not properly look at the front part of the said SM5 car, and took the part behind the car by the Defendant’s driver of the said SM5 car, and had the victim H (35 years) (the driver of the said S5 car) who is the driver of the said S5 car take care of approximately 2 weeks of medical treatment.

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