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(영문) 제주지방법원 2020.10.08 2020고단1823
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

except that 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. Around 21:40 on June 6, 2020, the Defendant driving a f bargaining car under the influence of alcohol at approximately 1.6 km from the road near the “C” located in Jeju-si B to the road front of the “E convenience store” located in Jeju-si D.

2. A person who is engaged in driving the F bargaining passenger car in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving), the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Road Traffic Act

On June 6, 2020, the Defendant driven a four-lane road in front of G at Jeju on June 6, 2020, while under the influence of alcohol level 0.052%, and continued to drive the said vehicle at a speed that cannot be seen by one-lane from the boundary of H Hospital to the I elementary school.

At the time, there was a duty of care to prevent accidents in advance by accurately manipulating the steering route and brakes to those who are engaged in driving service, because the signal-based vehicles were at night and in the front door, and therefore, they were engaged in driving service.

Nevertheless, due to the negligence that the Defendant was unable to properly operate the operation system under the influence of alcohol while neglecting this, the Defendant was led to the victim J(53 years old), who was in the front part of the Defendant’s driver’s car, to the part of the Defendant’s driver’s car in the front part of the Defendant’s driver’s car.

As a result, the Defendant, while driving the frighting car under the influence of alcohol that is difficult to drive normally, suffered injury to the victim, such as salt dump, etc. in need of treatment for about two weeks, and at the same time, did not take necessary measures, such as aiding the victim, even though the said fright car was damaged to bring about KRW 441,579 for repair costs, and escaped without taking necessary measures.

3. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is to drive the F bargaining passenger car.

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