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(영문) 제주지방법원 2013.10.25 2013고단1149
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

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

except that 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. Around 23:40 on July 2, 2013, the Defendant, while under the influence of alcohol by 0.183% of the blood alcohol concentration, driven a car at C Cocoin with C Coin in the condition of 0.183%, and passed the crosswalk in front of the “Iam,” which is located at 2 east a day of Jeju at the 2-dong community service center, into the face of human agents. The Defendant was negligent in under the influence of alcohol even though he/she had an occupational duty of care to check the pedestrian's existence and existence, due to the negligence that the Defendant was negligent in driving the above crosswalk in the right side of the vehicle, while he/she had a duty of care to reduce the speed and to check the shock, and instead neglected to stop the victim D (54 years old) and E (53 years old) with the front part of the Defendant’s vehicle to prevent the victims from suffering from an injury, such as an injury to the victim’s right side of the vehicle, and without immediately stopping it.

2. The Defendant violated the Road Traffic Act (driving) was under the influence of alcohol with 0.183% of blood alcohol concentration at the time and time as stated in paragraph (1). The Defendant driving a car in the above column at a section of about 3 km to the front of the Dongdo 2, which is located in the Dondo 2, from the parking lot for the original Dondo 2, via the place as stipulated in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared in F;

1. Application of Acts and subordinate statutes to reports on detection of drivers, reports on traffic accidents, and written general diagnosis;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Selection of imprisonment with prison labor;

1. Aggravation of concurrent crimes: The punishment of the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

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