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(영문) 제주지방법원 2013.08.13 2013고단727

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

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

1. On April 17, 2013, the Defendant was under the influence of alcohol of 0.203% of blood alcohol concentration without obtaining a driver’s license from 19:30 to 20:00 on April 17, 2013. The Defendant driven B Poter in the section of approximately 2 km of “ama elementary school” in the front of “ama elementary school” located in the stori office located in the stori on the stopy of Seopoon at the stori on the stopy of Seopoon.

2. Around 20:00 on April 17, 2013, the Defendant: (a) driven the above cargo vehicle while under the influence of alcohol and making it difficult to drive normally; (b) while driving the horse in front of the Roman elementary school, which is on the top of the west-si at the top of Seopopo City, on the surface of Jopo City, with the mast-si from Saturdays, the back-line part of C driver’s DNA Skikis Corst-kick in the same direction that was driven in the same direction, she sustained approximately three weeks from the front part of the Defendant’s vehicle to E (59 years old) who was on board the said vehicle, resulting in the injury of the victim FF (73 years old), G (65 years old), H (67 years old), I (67 years old), J (68 years old), and G3 years old, each of the two weeks years old and the injury of the victim E (59 years old) who was on board the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on detection of drivers, registers of driver's licenses, medical certificates for each motor vehicle, and reports on traffic accidents;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes: Articles 148-2 (2) 1, 44 (1) (the point of drinking), 152 subparagraph 1, and 43 of the Road Traffic Act, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of driving without a license)

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. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Suspension of execution: Article 62 of the Criminal Act;