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(영문) 제주지방법원 2014.10.24 2014고정813

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 2, 2014, the Defendant: (a) was under the influence of 0.132% of alcohol concentration in blood, and was negligent in failing to properly operate the brake and steering gear under the influence of alcohol due to the influence of alcohol while driving in the front of a second-lane road in front of the new wind farm located in the new wind farm in the Sinsan-Eup, Seopo-si, Seopo-si; (b) on July 2, 2014, the Defendant suffered from the injury, such as knee-free injury of the victim D (26 years old) driving, the victim D(26 years old) driving along the said one-lane, due to the fact that he was unable to properly operate the brake and steering gear under the influence of alcohol; and (c) on the front side of the left side of the Defendant’s vehicle, the part of the victim D (26 years old) driving in front of the said road and the part of the kne-free injury of the victim D (FF, 73 years old, and 73 years old).

Summary of Evidence

1. Statement by the defendant in court;

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

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 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. Selection of punishment: Selection of a fine;

1. Aggravation of concurrent crimes: The provision of the former part of Article 37, and Articles 38 (1) 2 and 50 (within the scope of adding up the amount) of the Criminal Act;

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

1. Provisional payment order: A sentence shall be determined as ordered by taking into account all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Recognizing the facts of crime; recognizing the victims’ injury; recovering from damage caused by a comprehensive motor vehicle insurance; and having no criminal record exceeding the same criminal record or fine: It is so decided as per Disposition for the reasons above such as circumstances after the crime and age, occupation, family relationship, economic condition, etc.