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(영문) 제주지방법원 2020.09.16 2020고단1365
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 6, 2008, the Defendant received a summary order of KRW 700,000 from the Jeju District Court to a fine for the crime of violating the Road Traffic Act, and a summary order of KRW 4 million from the same court on September 25, 2015 to a fine of KRW 4 million for the same crime, respectively.

At around 19:55 on May 12, 2020, the Defendant driven a gallon with E gallon under the influence of alcohol concentration of about 4.3 km from the front of the C cafeteria in Jeju to the D front road.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

2. The defendant is a person engaged in the business of driving gallon vehicles in compliance with the Act on the Aggravated Punishment, etc. of Specific Crimes;

On May 12, 2020, the Defendant, while under the influence of alcohol at 0.167% of blood alcohol level on May 12, 2020, 190, got the victim F (n, 66 years of age) on the steering line of the above passenger van, and driving the above passenger van, leading the front of the D road at Jeju along the face of the bill from G to the face of the bill from G to the face of the bill.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent accidents and drive the motor vehicle by accurately operating the steering system and brake system of the motor vehicle and thoroughly operating the steering system of the motor vehicle.

Nevertheless, under the influence of alcohol, the Defendant did not discover the trees that were planted on the right side of the front and proceeded without discovering them, and got the above trees in front of the above vans and caused the victim to face their body in the front of the vans.

Ultimately, the Defendant, while driving the said van in a state where normal driving is difficult due to the influence of alcohol, is in the same day, and at around 21:57 on the same day, he/she was receiving treatment from an I Hospital located at Jeju-si H, such as blood strokes, pelkes, dykes, etc.

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