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(영문) 제주지방법원 2014.11.07 2014고단1335
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 03:05 on September 20, 2014, while the Defendant was under the influence of alcohol by 0.19% of blood alcohol concentration 0.19%, and passed two lanes in front of the “Korea-Japan University” apartment located north of Jeju-si in Jeju-si, from the “Korea-Japan Science Complex” page, the Defendant was negligent in driving a red signal in violation of the stop signal while driving under the influence of normal driving under the influence of alcohol on the left side of the Defendant’s vehicle with the front part of the Defendant’s vehicle and driving the said shooting distance on the right side of the said taxi, and driving the victim F (the 28 years old) who was on the front side of the said taxi with approximately two weeks of medical treatment, without any detailed brain unknown circumstances in which medical treatment is required for approximately two weeks, and driving the 9-day abortion, etc. out of the 9-day mountain zone after death of the said passenger.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the inspection report on the result of the crackdown on drinking driving, each general medical certificate, each medical certificate, and the actual condition survey report;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment: Articles 5-11 (Aggravated Punishment, etc. of Specific Crimes) and 148-2 (2) 2 and 44 (1) of the Road Traffic Act (a 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: Recommendation and sentence scope [in case of traffic crimes, general traffic accidents, Type 1 (Bodily Injury of traffic accidents), basic area (in case where illegality in the proviso of Article 3(2) of the School Specialized Law is serious, special mitigation factors: .......... special mitigation factors)] on the grounds of sentencing in Article 62(1) of the Criminal Act (the conditions of sentencing as stipulated in Article 51 of the Criminal Act, such as the statement of reasons for sentencing) and the following circumstances, the sentence shall be imposed as ordered in consideration of all the following circumstances:

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