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(영문) 제주지방법원 2019.07.26 2019고단579
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On December 16, 2008, the defendant was issued a summary order of 1.5 million won by the Jeju District Court to a fine for a violation of the Road Traffic Act (driving without a license) and a summary order of 1.5 million won by the same court on March 18, 2014 as a crime of violation of the Road Traffic Act (driving without a license).

【Criminal Facts】

1. On January 20, 2019, the Defendant was a person who violated the provision on prohibition of driving under the influence of alcohol at least twice, but was under the influence of alcohol at least 0.230% of alcohol on January 18, 2019, the Defendant driven a Done Star Motor Vehicle at a section of approximately 1.2 km from the front of the C convenience store located in Seopo City B at Seopopo City, Seopopo City to the front of the earth and sand sand located in Seopo City.

2. On January 20, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from DD Driving) driven a Done Star Car under the influence of alcohol concentration of 0.230% on blood alcohol level on January 18, 2019, and led to the left-hand left-hand turn-hand turn-down road from the E market room to the stop-down distance from the E market.

In this case, the driver of the vehicle has a duty of care to prevent accidents in advance by safely driving the vehicle, such as operating the steering system of the vehicle, brakes, and other devices accurately, depending on the traffic situation of the road and the structure and performance of the vehicle.

Nevertheless, the defendant's negligence of driving in a situation where normal driving is difficult due to influence of drinking, and due to the negligence of driving the vehicle, the front side of the above G Sti-type car, which was in the left turn at the same direction as that of the defendant's driving direction, is the front side of the vehicle.

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