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(영문) 제주지방법원 2016.08.22 2016고단1068
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 20, 2016, the Defendant driven B Poter truck with alcohol content of 0.160% in the blood alcohol level around 17:45, while driving along the two-lane roads in front of C at Jeju along the two-lanes of the above road at the east of the two-lanes of the road at the east of Jeju, while driving along the two-lanes of the above road at the east of the two-lanes of the road at the east of the victim E (V, 70 years of age) who), while driving directly from the north to the south in accordance with the new subparagraph, was suffering from the pressure of 12 chests that require approximately 12 weeks treatment to the victim.

As a result, the Defendant was driving a motor vehicle in a situation where normal driving is difficult due to drinking, thereby causing the injury of people.

Summary of Evidence

1. Statement by the defendant in court;

1. The E traffic accident statement;

1. Statement of the circumstances of the driver involved in driving;

1. 교통사고 발생상황보고, 음주 운전 단속사실결과 조회, 실황 조사서⑴⑵

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the aggravated punishment as provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier, within the scope of the sum of the long-term punishments of the two punishments, and the minimum sentence shall be applicable to the crimes of violation of Road Traffic Act) ;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing)

1. A person subject to a reduction of punishment [the scope of the recommended punishment] on the sentencing guidelines shall be limited to the scope of the recommended punishment [the scope of the recommended punishment] on the general traffic accident (the person subject to a reduction of punishment shall be from August to two years) (the person subject to a special sentencing]. A person subject to a reduction of punishment (including a serious effort to recover damage): In the case of drinking alcohol, etc., the illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act on the Special Cases of the Teaching.

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