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(영문) 제주지방법원 2015.04.06 2015고정129

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 25, 2014, the Defendant: (a) around 23:20 on November 25, 2014, the Defendant: (b) driven an Ebee or a car driven by the victim D (the age 51) who was directly under the jurisdiction of the Ebee-ray from the bank of the arm’s length distance to the bank of the U.S., and was under the influence of alcohol at 0.165% under the influence of alcohol; (c) was under the influence of alcohol; (d) was under the influence of alcohol; and (d) was under the influence of normal driving of alcohol due to red color; and (e) was under the influence of the alcohol due to the influence of alcohol, the Defendant sustained the injury of the victim, such as taking approximately two weeks’ treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, drug map, and a report on actual condition investigation;

1. A medical certificate;

1. Report on the results of the crackdown on drinking driving, and the report on the situation of drinking drivers;

1. Application of related Acts and subordinate statutes to photographs;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving sound). Selection of each fine;

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

1. Discretionary mitigation: Articles 53 and 55 (1) 6 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for the reason under Article 334 (1) of the Criminal Procedure Act; and

Conditions favorable to the reasons for sentencing: Subscription to a comprehensive motor vehicle insurance, previous or previous;