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(영문) 제주지방법원 2020.08.26 2020고단1221
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

1. Violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is the person engaged in driving freight B.

On March 25, 2020, the Defendant driven the above cargo while under the influence of alcohol 0.124% of blood alcohol level on March 25, 2020, and driven the front road of Jeju from the Seopo City to the Jeju-si.

The driver of any motor vehicle has a duty of care to prevent accidents from spreading, maintaining the safety distance with the motor vehicle running ahead of it in a clear mind. The driver of any motor vehicle has a duty of care to keep accidents from driving ahead of it.

Nevertheless, the Defendant neglected this and followed the E-car of the victim D (ma, 52 years old) driving, which was proceeding in the front bank due to negligence, and shocked the part of the Defendant’s cargo vehicle into the front part.

As a result, the Defendant, while driving the above cargo in a situation where normal driving is difficult due to influence of drinking, suffered from the injury of the victim FF (the age of 34) who was accompanied by the victim D and the damaged passenger car, such as salt, tension, etc., each two weeks of treatment.

2. On April 12, 2019, the Defendant was sentenced to a fine of KRW 4 million by the Jeju District Court on April 12, 2019.

The Defendant driven a B-II cargo vehicle under the influence of alcohol concentration of about 0.124% from the 30km section from the front of the cafeteria to the front of the Jeju City, Seopo-si, Seopo-si, Seopo-si, Seopo-si, Seopo-si.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Investigation report (report on the circumstances of an immigration driver);

1. A report on the actual state of the driver;

1. The actual condition survey report;

1. Investigation reports (verification of the status of damage);

1. The application of Acts and subordinate statutes on criminal records, etc. and investigation reports (a copy of the judgment attached);

1. Each of the relevant Articles of law concerning criminal facts;

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