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(영문) 제주지방법원 2014.12.05 2014고단1399

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six months.

except that 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 August 15, 2014, the Defendant was under the influence of 0.220% of blood alcohol content (blood appraisal value) around 23:45, while driving a e-mail-car and driving the e-mail-based car into the e-mail “beat apartment” e-mail in the E hospital distance according to the two-lane two-lane road in front of the “E Hospital” located in Jeju city. However, due to the influence of alcohol, the Defendant neglected the Defendant’s duty to e-mail in a state where normal driving is difficult due to the above influence of alcohol, and caused the Defendant’s injury to the e-mail and tension that requires approximately two weeks of alcohol to the Defendant’s front part, and the Defendant e-mailed the victim’s Ha, a passenger passenger in the above e-car, and the victim H (33 years old), and caused the injury of each e-mail and the injury of each e-mail.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to traffic accident-related photographs, actual condition survey reports, blood alcohol appraisal reports, and medical certificates;

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. 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: The following favorable circumstances shall be considered in light of the following factors: the scope of recommendation, sentence [the scope of sentence [the traffic crime group, the general traffic accident, the first type (the injury of traffic accident), the aggravated area (the special person: the illegality in the proviso of Article 3(2) of the School Specialized Law), the imprisonment for August - one year and six months] on the grounds of sentencing in Article 62(1) of the Criminal Act (the conditions of sentencing specified in Article 51 of the Criminal Act as stated in the grounds of sentencing) and the following circumstances: