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(영문) 제주지방법원 2020.05.13 2020고단265
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

The Defendant is a person engaging in driving a two-wheeled vehicle B, NINJA 650.

1. On March 3, 2008, the Defendant has a criminal record of a fine of KRW 500,000,000 for a violation of the Road Traffic Act (driving) at the Daejeon District Court Branch of Daejeon District Court on March 3, 2008, and a fine of KRW 3.5 million for a violation of the Road Traffic Act (driving) at the Jeonju District Court on April 10, 2017.

On November 3, 2019, at around 05:30, the Defendant driven the two-wheeled automobile under the influence of alcohol content of about 0.109% from a section of about 20 kilometers from the front of the outer bathing beach, which is located in the front of the Don-Eup, the Don-si, Jeju, to the old-type intersection located in the Nowon-si, Jeju.

2. On November 3, 2019, the Defendant tried to make a left-hand turn to the left-hand turn from the area of the old-distance distance away from the intersection where the old-type road located in the old-type road at Jeju is located, while driving the above two-wheeled vehicle under the influence of alcohol concentration of 0.109% around 05:30 on November 3, 2019.

However, since there is a road where the center line of yellow solid lines is installed, the defendant caused a traffic accident in which the victim C(54 years old) who is going to turn to the left at the center line due to the negligence of neglecting the duty of care to a person engaged in driving a motor vehicle, even though he/she has a duty of care that should not turn to the left, he/she caused a traffic accident in front of the left part of the motor vehicle operated by the victim C(54 years old) who is driving.

Ultimately, the Defendant suffered injury to the victim C due to the occupational negligence as above, such as the scam and scams and tensions in need of approximately two weeks of treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Defendant's legal statement;

1. C.

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