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(영문) 제주지방법원 2016.12.16 2016고단2253
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) was a person who is engaged in driving the said vehicle B. On September 19, 2016, the Defendant suffered from the victim D (the 46 years old) who was on the right shoulder part of the traffic signal at the front part of the said vehicle while driving the said vehicle while driving the said vehicle while driving the said vehicle on the south of the malo-distance distance on the road located in the Nowon-gu in Jeju Island at the location of the Jeju Island, in a direct direction from the port of the Jeju Island, due to the negligence in the course of driving the vehicle while normal driving is impossible due to the influence of 0.153% of the blood alcohol concentration of 0.15%.

2. The Defendant violated the Road Traffic Act (driving) driving a motor vehicle at a section of approximately 1.9 km from the Do near Jeju-si apartment, which is linked to Jeju-si, to the front road in front of Korean logistics in the same city-type, while under the influence of alcohol by 0.153% of blood alcohol level at the time stated in the above paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of E and D;

1. A survey report on actual condition (1) (2);

1. Inquiry into the result of the crackdown on drinking driving;

1. The circumstantial statement of the employee;

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 and the choice of punishment: The provisions of 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 the choice of imprisonment, respectively;

1. Aggravation for concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of summing-up of the long-term punishment for each crime, and the lowest limit shall be the penalty determined for a violation of the Road Traffic Act);

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

1. Community service order: Article 62-2 (1) of the Criminal Act and the probation, etc.;

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