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(영문) 제주지방법원 2014.03.28 2014고단62
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. A violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) committed on September 23, 2013, the Defendant driven a B-in car with the blood alcohol concentration of 0.157% under the influence of alcohol around 02:0 on September 23, 2013 and moved back the S-in distance located in the T-in T-do Do Do Do Do Do Do Do jun-dong from the luminous distance to the ebbbbbbbbing from the ebalg of the front city to the front city, and the Defendant caused the victim C (38 years of age) who was accompanied by the Defendant’s vehicle due to the shock of the signal apparatus set up in the aforesaid shooting distance due to the negligence of failing to properly operate the steering gear under the influence of normal driving of alcohol.

2. The Defendant violated the Road Traffic Act (driving) while under the influence of alcohol with a blood alcohol concentration of 0.157% at the time and time set forth in paragraph (1) of this Article, the Defendant driven the said car at a distance of 2 km from the roads adjacent to the New Park in the Jeju-si in Japan to the said accident site.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the traffic accident investigation report, the actual condition report, the appraisal request report, and the diagnosis report;

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: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order of community service: The following circumstances are considered in consideration of the scope of recommendation and sentence on the grounds of sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. (in case of traffic crime group, general traffic accident, type 1 (injury of traffic accident), basic area (in case where illegality in the proviso of Article 3(2) of the School Special Act is serious, in case of special mitigation: in case of special mitigation: in case of special mitigation: in terms of punishment), April - 10 months) and the following circumstances:

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