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(영문) 제주지방법원 2013.05.24 2013고단422

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for 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

On March 18, 2013, while the Defendant was under the influence of alcohol 00:00:05 on a blood alcohol level of 0.244%, the Defendant took part in the front part of the Victim E-Ba of the Victim D Driving that was driven in the opposite lane while driving in the front part of the three-lane road of the “Sastish-gu,” which is located in the third Do of the Jeju City, in accordance with the first two-lane of the “Sast-do,” and driving in the front part of the “Sast-gu, Sast-gu,” the Defendant took part in the front part of the Defendant’s vehicle while driving in the opposite lane because it is difficult to drive normally due to the influence of drinking. On the other hand, the Defendant took part in the front part of the Defendant’s vehicle, who took part in the right part for about two weeks, and suffered approximately four-day treatment on the right part of the victim F, who took part in the said small vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to the actual condition survey report, blood alcohol appraisal report, copy of a diagnosis report, and copy of the answer 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) 1 and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

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

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. Supreme Court Decision 84Do2890 Decided April 23, 1985: Articles 53 and 55(1)3 of the Criminal Act (which has a reason to take into account the circumstances of the crime);

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order of community service: The order shall be issued in consideration of the recommendation and sentence scope on the sentencing guidelines of Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [the traffic crime group, general traffic accidents, type 1, basic area (the special person: the case where illegality in the proviso of Article 3(2) of the School Specialized Law is serious. Special mitigation: the person who is not subject to punishment), April - 10] and the following circumstances: