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(영문) 제주지방법원 2014.06.27 2014고단651
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

On April 20, 2014, at around 16:10, the Defendant, while under the influence of alcohol of 0.213% of the blood alcohol concentration, driven a C Skick truck and proceeded ahead of the Jinpinp road located in the Sginininina Eup in Jeju-si, Jeju-do.

In this case, a person engaged in driving of a motor vehicle has a duty of care to prevent traffic accidents by driving the front side and accurately operating the steering and steering devices.

Nevertheless, in a situation where normal driving is difficult due to influence of drinking, the part of the victim's Glearning car of the victim D (the 40-year-old 40-year-old driver's license)'s driving of the victim D (the 40-year-old driver's license)'s driving, followed by the victim's vehicle's driving at the front right-hand side of the above cargo vehicle, which led to the cargo vehicle's driving beyond the central line and the opposite vehicle's driving on the opposite side of the opposite part, which led to the victim's Glearning car of the F.F. (the 34-year-old driver's license)'s driving in the opposite part.

After all, the suspect suffered injury to the Ha (the 26-year old age) of the above D, F, and the above f-learning passenger car due to the above occupational negligence, such as salt, tension, etc. in the 2-day period of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of F and D;

1. A traffic accident report (1,2) (the actual survey report);

1. A copy of each medical certificate;

1. Application of Acts and subordinate statutes to written reports on the results of the control of drinking driving and the circumstantial statements of drinking drivers;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime (the point of running a sound driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the punishment under the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act shall not be aggregated: Provided, That it shall not apply;

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