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(영문) 제주지방법원 2020.06.04 2020고단740
도로교통법위반(음주운전)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

On August 1, 2008, the defendant has been notified of a summary order of a fine of KRW 3 million by the Jeju District Court for the crime of violation of the Road Traffic Act.

1. Around 23:00 on February 2, 2020, the Defendant driven a Grand Cross under the influence of alcohol leveling 0.2 % of alcohol level on the section of approximately 0.2km to the front road of the election commission in front of the Jeju-si, from the vicinity of the Japanese oil station in 137 to the high-speed city of 510.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

2. The Defendant is in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury).

Around 23:00 on February 2, 2020, the Defendant driven the above van while under the influence of alcohol with 0.082% of blood alcohol level 0.08%, and made the distance prior to the election commission in front of the election commission at Jeju, which was 510, turn to the left from the artificial distance protection side to the C Apartment.

Since there is an intersection where signal lights are installed, a person engaged in driving of a motor vehicle has a duty of care to live well on the front side and the left side and to drive the motor vehicle safely in accordance with the signals.

Nevertheless, under the influence of alcohol, the Defendant was unable to make a left turn while entering the intersection in which the Defendant was trying to make a left turn even though the crossing signal is red, and the front part of the F Spart Road driven by the victim E (I, e.g., the age 41) driven by the straight-line signal from the c apartment room to the d-side surface.

Ultimately, the Defendant suffered injury to the Victim E and the Victim G (V, 16 years of age) who is the passenger of the victimized vehicle due to the foregoing occupational negligence, such as salt, tensions, etc. in the cirratum requiring treatment for about two weeks, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. The actual condition survey report;

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