beta
(영문) 제주지방법원 2013.05.10 2013고단267

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for not more than ten 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 January 8, 2013, when the Defendant was under the influence of 0.161% of blood alcohol concentration at 0.161%, the Defendant driven a ice-type vehicle B while driving on the front part of the Jeju East Police Station located in the Jeju Island at the time of the movement of the Jeju, and driven the two-lanes of the two-lane road in front of the Jeju Island Police Station, in the direction of the movement of the Jeju. As such, the Defendant proceeded with a crosswalk installed in the above area under the influence of drinking, where it is difficult to drive normally due to the influence of alcohol, and the Defendant got the victim C (n, 69 years of age) who dried the above crosswalk at the right side of the vehicle of the Defendant to the right side of the vehicle of the Defendant, and suffered injury, such as cutting off the aggregate, etc. 12 weeks at the right side of the Defendant’s vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. CWritten statements related to traffic accidents;

1. Application of Acts and subordinate statutes such as a report on detection of a motor vehicle driver, a traffic accident actual investigation report, and a general medical certificate (Evidence List 21);

1. Relevant Article 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 sound driving). 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. Suspension of execution: Determination of sentence as ordered in consideration of all the following circumstances, including the scope of recommendation and sentence [in case of traffic crimes, general traffic accidents, Type 1 (Bodily Injury of traffic accidents), basic area (in case where illegality in the proviso of Article 3(2) of the School Specialized Law is serious, special mitigation factors: not applying to punishment), April - 10] on the grounds of sentencing under Article 62(1) of the Criminal Act (the conditions of sentencing under Article 51 of the Criminal Act, such as the statement of reasons for sentencing as stated in the reasons for sentencing) and the following circumstances. A sentence shall be imposed as ordered in consideration of all favorable circumstances: time of crime; the time of crime; the injury suffered by the victim is not minor; and at the time of crime.