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(영문) 제주지방법원 2019.03.28 2018고단1672
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

The defendant is a person who is engaged in driving of B Poter cargo vehicles.

1. Around 18:55 on March 15, 2018, the Defendant driven B-be under the influence of alcohol content of approximately 0.169% without a driver’s license, from the 8km section, to the front road of D-Ac Teaching Institutes located in Seopopo City C, to the front road in the same city E, while driving B-be under the influence of alcohol content of about 0.169%.

2. Around 18:55 on March 15, 2018, the Defendant violated the Road Traffic Act (i.e., after-accident) (i., the U.S.) and (ii) drive the B B Poter Cargo, leading from the I to the J in front of the Hridge G in Seopopopo City.

However, at the time, it is night and its location is where the center line of yellow solid lines is installed. In such a case, a person engaged in driving a motor vehicle has a duty of care to prevent accidents in advance by safely driving the motor vehicle by taking the front door and the left door and the right and the right, and driving the motor vehicle safely.

Nevertheless, under the influence of alcohol as stated in Paragraph 1, the Defendant was negligent in her course by the negligence of her negligent course while flaging the median line, and the part of the said flag-on road was driven by K (35 years old) driving from the direction towards the Defendant to the Defendant from the flag of the Defendant’s running.

Ultimately, the Defendant, by occupational negligence as above, destroyed the above K7 car to go against the repair cost award, but did not immediately stop the said car and failed to take necessary measures.

3. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) resulted in an accident such as Paragraph 2, while the Defendant escaped, as in Paragraph 1, and continued to run the front road in E in Seogpo City.

However, at the same time, there are other vehicles that were in the signal waiting at the front direction of the defendant's proceeding.

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