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(영문) 제주지방법원 2019.08.22 2019고단341
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On April 11, 2007, the Defendant was sentenced to a suspended sentence of six months by a Jeju District Court for a violation of the Road Traffic Act, etc.; on March 19, 2013, the same court was sentenced to a fine of three million won for a violation of the Road Traffic Act; and on November 28, 2013, the same court was sentenced to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act.

On February 11, 2019, around 21:25, the Defendant driven a D cargo vehicle while under the influence of alcohol of 0.128% in blood alcohol concentration from Jeju Island to the roads near Cr. B in Jeju Island.

As a result, the defendant has violated the prohibition of drinking under the Road Traffic Act more than twice and has driven a motor vehicle under the influence of alcohol again.

2. The accused is a person engaging in driving freight cars in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act.

On February 17, 2019, the Defendant driven the above cargo vehicle on the 12:26th day of February, 2019, while proceeding from the Han Library to the far-distance distance of the Jeju Prison, the Defendant changed from the two-lane to the one-lane.

On the other hand, the victim G(n, 45 years old) was driving a H car and driving it in the direction of the defendant, so in such a case, the defendant engaged in driving of the motor vehicle had a duty of care to safely drive the motor vehicle and prevent the accident in advance.

Nevertheless, the defendant neglected this and received the front part of the above passenger vehicle to the left side of the above cargo vehicle due to the negligence of changing the lane without permission.

The Defendant’s occupational negligence provides the victim G with approximately three weeks’ medical treatment to the victim I (V, 45 years of age) who was on board the said car with approximately two weeks’ medical treatment.

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