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(영문) 제주지방법원 2018.02.08 2017고단1658
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 28, 2004, the Defendant issued, at the Jeju District Court, a summary order of one million won for a crime of violating the Road Traffic Act; on September 8, 2005, a summary order of one million won for the same crime at the same court; on July 30, 2008, a summary order of 1.5 million won for the same crime at the same court; on August 12, 2009, the Defendant was sentenced to a summary order of 1.5 million won for the same crime; and on December 2, 2009, the Defendant was sentenced to a suspended sentence of 4 months for imprisonment with prison labor for the same crime at the same court; and on February 8, 2012, imprisonment with prison labor for the same crime at the same court, etc.

The defendant is also a person who is engaged in driving a car.

1. On April 22, 2017, the Defendant driven the said car under the influence of alcohol content of about 0.149% from a 12-meter section to the e-road located in Seopo-si D, Seopo-si, where the trade name in Seopo-si, Seopo-si is unknown.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, was driving a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from dangerous driving) has driven the said car at the time of the above day in a condition that it is difficult to drive the car normally due to the influence of alcohol and led to two-lanes in front of the E, which is located in D in Seopopopo City, along with the two-lanes in front of the E, from the cruital bruth of the wrug of the wru

In this case, the driver of the vehicle has a duty of care to reduce the speed and to accurately operate steering gear and brakes and to safely drive the steering gear and brakes, because the driver of the vehicle was driving the G bargaining car of the victim F (the age of 48) on the same side.

Nevertheless, the defendant is negligent in neglecting this and driving the victim's driving car.

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