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(영문) 제주지방법원 2014.09.19 2014고단966

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for six 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 June 26, 2014, the Defendant, without obtaining a driver's license at around 06:00, driven a crewing car with a blood alcohol concentration of at least 0.2%, and driven a crec-light vehicle at the speed of at least 0.2%, leading the front side of the crec-ray 241-1, a crec-rayed road at the speed of the crec-ray.

At that time, the Defendant had the duty of care to prevent accidents in advance, such as securing and driving a safety distance to avoid shocking with the said taxi, as the Defendant engaged in driving of a motor vehicle was behind the said taxi in the same direction.

Nevertheless, the Defendant neglected to perform the above duty of care in a situation where normal driving is difficult due to influence of drinking, and continued to drive the above taxi, and received the part concerning the back part of the above taxi in progress as the front part of the above Leak-gu car.

Ultimately, the Defendant suffered injury to the victim F (V, 22 years old) who was on board the said taxi due to the above occupational negligence, such as salt, tensions, etc. in need of approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each traffic accident-related person D or F;

1. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Application of the traffic accident reporting Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 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. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the sum of the punishment and the maximum term of concurrent crimes resulting from a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than the punishment;