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(영문) 제주지방법원 2019.08.22 2019고단1152
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

1. On February 28, 2008, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act at an Ansan District Court's Ansan Branch on the grounds of the violation of the Road Traffic Act (driving). On April 2, 2012, the court issued a summary order of a fine of four million won for the same crime and on April 2, 2012, and has the history of the violation of Article 44 (1) of the Road Traffic Act twice.

On May 4, 2019, around 22:35, the Defendant driven a sports vehicle B in the state of alcohol 0.20% of blood alcohol concentration from approximately 6km section from Jeju-ro to the 184-2 dead-lane 10 meters away from Jeju-si, Jeju-do 6 Jeju-si, to the 184-2 dead-lane 10 meters away from Jeju-si.

2. A violation of the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaged in driving a sports vehicle B.

On May 4, 2019, the Defendant driven the above vehicle at around 22:35, and proceeded along the three-lanes from the jurisdiction of the Arade to the Arade of the 10-lane 184-2, Schilled intersection road at the city of Jeju.

At that time, there was a vehicle waiting for signal because signal lights are installed, so the person engaged in driving of the motor vehicle has a duty of care to live the front door well and to accurately manipulate the brake system and prevent the accident in advance.

Nevertheless, the Defendant, as seen above, was negligent in driving in a situation where normal driving is difficult, such as influoring off the face with an inaccurate, small distance, and red-lighting, and due to the negligence that the Defendant was driven by the victim C(24 years old) in the same lane on the same lane, and received the rear part of the Defendant’s vehicle.

As a result, the Defendant driven a motor vehicle in a state where normal driving is difficult due to the influence of alcohol, and brought about two weeks of medical treatment to the victim, and suffered the salt ties and tensions of the detailed unknown parts.

(i) the evidence;

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