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(영문) 제주지방법원 2020.09.09 2020고단1479
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On March 19, 2020, the Defendant received a summary order of KRW 15 million from the Jeju District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) is a person engaging in driving a C low-

On April 30, 2020, the Defendant driven the above vehicle while under the influence of alcohol 0.251% of blood alcohol level on April 16, 2020, and got the left-hand turn to enter the parking lot located on his left-hand side while driving the above vehicle into the front road of Seopopopo-si in Seopopo-si.

Since the defendant entered the parking lot, there was a duty of care to properly see whether there is a vehicle coming from the parking lot, whether there is a vehicle parked in the parking lot, and to properly manipulate the brake system, etc., and to prevent the accident from occurring.

Nevertheless, under the influence of alcohol, the Defendant was at the left-hand turn of the victim E (F) who was making a stop at the parking lot due to the negligence of failing to make a left-hand turn, and received the left-hand side of the Defendant’s driving vehicle (F) from the front-hand part.

In the end, the Defendant rhythm of the horses, and driving a motor vehicle under the influence of drinking, such as a large distance of a string, and suffered from the injury of the victim E, the passenger of the damaged vehicle G (ma, 4 years old), and the passenger of the same vehicle H (ma, 2 years old) for about two weeks of medical treatment.

2. The Defendant violated the Road Traffic Act (driving) and the Road Traffic Act (driving without a license) set forth in paragraph (1) of this Article, in the section of approximately 1 km from the roads in front of the Seogpo City in Seogpo City to the roads in front of the same city, the Defendant driven a C low-speed car while under the influence of alcohol with a blood alcohol concentration of 0.251% without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of E and J. 1.

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