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(영문) 제주지방법원 2016.09.23 2015고단1550
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 1, 2015, the Defendant, while under the influence of alcohol by around 19:30 on the blood without a driver’s license, driven a C-wing and driver’s vehicle from about 3km to the road located near the entrance of “Ansan Sea Leisure Park” located in the same area as the 85-day coast, Seopo-si, Seopo-si, Seopo-si, under the influence of alcohol by around 0.211% of the alcohol content during blood, without a driver’s license.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by death prior to the death) was driving of the above cargo vehicle at the border of the above day and driving the road on one lane near the entrance of the "Annsan Sea Leisure Park" located in the Seopo-si, Seopo-si, Seopo-si, Seopo-do along the same lane.

At the time, the Defendant was in a situation where normal driving is difficult due to the influence of drinking, such as the blood alcohol concentration has reached 0.211%, and the face is red, cross-roping, and is not able to walk properly, and whether there is a passenger or not, and whether there is a passenger.

Nevertheless, the defendant, at around 20:17 Jeju Island, caused the death of the victim D(53) who took a preventive facility for the falling-off of the cargo to the right side of the above cargo while driving the cargo in the above condition, and was on the right side of the above cargo at the F Hospital located in Jeju E, in around 20:17 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Accident vehicles and on-site photographs;

1. A report on the detection of a primary driver;

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

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to death certificates and postmortem records;

1. Relevant legal provisions concerning criminal facts: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing death or injury to drive a dangerous motor vehicle), Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking a motor vehicle), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving a motor vehicle without a license);

1. Commercial concurrence: the Criminal Act;

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