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(영문) 제주지방법원 2013.04.25 2013고단102

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

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A defendant shall be punished by imprisonment for not less than eight 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 December 30, 2012, the Defendant: (a) was a person who is engaged in driving a Pote car; (b) was driving the said car under the influence of alcohol of 0.160% on a blood alcohol level on December 30, 2012; (c) while driving the road in front of “JIBS Broadcasting Station”, which is linked to Jeju City at the time of Jeju City, from the hotel room, the Defendant was due to the negligence in the course of driving the center line at the center line; and (d) the part on the left-hand left-hand side of the victim C(55 years old) of the Mar. 1, 200, as the front-hand side of the said Pote.

Ultimately, the Defendant driven the said car in a situation where normal driving is difficult due to the influence of alcohol, and suffered from the injury of the victim E (the 48-year-old passenger) by driving the said car, which requires approximately three weeks of medical treatment, including 4 weeks of medical treatment of the said taxi, and the injury of the victim E (the 48-year-old passenger) such as cage cage pelfus.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site photographs and a survey report on actual conditions;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., Article 62 (1) of the Criminal Act (i., that the defendant led to the confession of the crime of this case as the first offender and reflects his depth, and that the victim E was smoothly agreed with, and that the degree

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;