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(영문) 제주지방법원 2019.05.22 2018고단2345
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[criminal power] On October 12, 2006, the Defendant received a summary order of KRW 500,000 from the Jeju District Court to a fine of KRW 500,000 as a crime of violation of the Road Traffic Act. On August 11, 2008, the Defendant was sentenced to a fine of KRW 1.2 million by the same court as the same crime.

【Criminal Facts】

1. On September 21, 2018, the Defendant violated the Road Traffic Act, at around 22:55, driven an E rocketing car with a blood alcohol concentration of about 500 meters from a section of approximately 500 meters to the roads in front of the shooting distance of D secondary schools located in the same city C, in a state of under the influence of alcohol by 0.20%.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

2. On September 21, 2018, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) driven an E rocketing car with blood alcohol concentration of 0.200% around September 21, 2018, while driving it at Jeju, and driving it along the three-lane road in front of the shooting distance of D Middle Schools located in C at Jeju, along the two-lane distance from F apartment to G apartment.

The Defendant, under the influence of alcohol, was driving by the victim H(30 years of age) who was parked in the signal signal signal at the front of the vehicle in his influence of alcohol and was driving by the victim H(30 years of age) following the I Fexton car, and was driving by the Defendant, etc., and suffered about two weeks of the front of the above rocketing car in his driving.

Accordingly, the defendant was injured by driving the above car while it is difficult to drive the car normally due to the influence of drinking.

Summary of Evidence

1. Defendant's legal statement;

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

1. The actual condition survey report;

1. A medical certificate;

1. Previous records of judgment: Criminal records, inquiry reports, summary orders, and application of Acts and subordinate statutes of the judgment;

1. The relevant Article of criminal facts and the aggravated punishment of specific crimes for which punishment is chosen.

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