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(영문) 제주지방법원 2015.02.06 2014고단1670

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 October 13, 2014, the Defendant was under the influence of alcohol concentration of 0.198% on blood alcohol level at 05:55 on October 13, 2014; the Defendant driven a car of 2 copon in front of the “Dju station” located in C at the Jeju city by driving a car of 0.198% on the right side of the Defendant’s office; the Defendant was under the influence of drinking while driving a signal in a state where it is difficult to normally drive due to the influence of alcohol due to a stop signal in order to pass from the blind side of the old office’s office, and the Defendant continued driving by driving the vehicle while driving the vehicle in a state where the normal driving is difficult due to the influence of drinking; and the Defendant’s vehicle continues driving along the intersection, and led the front portion of the F-learning car of the victim E (27 years old) going through the opposite lane to the right side of the Defendant’s vehicle; accordingly, the said vehicle requires the front portion of the H car of the victim G(58 years old).

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning G;

1. The application of Acts and subordinate statutes to the notification of the results of the crackdown on drinking driving, each written diagnosis and the actual condition survey report;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Selection of imprisonment with prison labor;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Suspension of execution: The order is issued in consideration of all the following circumstances, including the scope of recommendation, sentence (in the case of traffic crimes, general traffic accidents, Type 1 (Bodily Injury of traffic accidents), the area of aggravation (in the case of a person under special circumstances: the illegality in the proviso of Article 3(2) of the School Specialized Law), imprisonment 8 months - one year and six months) and the following circumstances in the sentencing guidelines for the reason of sentencing.