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(영문) 제주지방법원 2013.12.27 2013고단1437
교통사고처리특례법위반등
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

At around 18:50 on September 7, 2013, the Defendant driven a motor vehicle with blood alcohol content of 0.081% and moved to the intersection in front of the “D” restaurant “D” restaurant in Jeju city at the “S Central Hospital.” Since a crosswalk with signal apparatus is installed in the front section of the road, the Defendant neglected to check whether there was a person who flicked the front section of the road and to drive it safely, and thereby, neglected to check whether there was a person who flicked the front part of the vehicle, and caused the victim E (W), a victim E (W), who dried the above crosswalk from the right side of the vehicle to the left side of the vehicle in accordance with the pedestrian signals, shocked the victim’s body used on the upper side of the vehicle in front of the Defendant, and cut off the victim’s body into the front part of the vehicle in front of the vehicle in front of the victim, thereby cutting off the victim’s body into the front part of the vehicle in front of the victim in front of 10 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual conditions, on-site photographs, and a reply to the results of blood collection appraisal;

1. Relevant Article of the Act on Special Cases concerning the Settlement of Traffic Accidents and the Selection of Punishment: Article 3 (1), the proviso to Article 3 (2) 6, and 8 of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act (the point of sound driving)

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and (2), and 50 of the Criminal Act (within the scope of aggregated punishment with imprisonment and long-term punishment);

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

1. Order given to provide community service or attend lectures: Recommendations, sentences and scope of sentencing guidelines on the grounds of sentencing Article 62-2(1) of the Criminal Act and Article 59 of the Act on Probation, etc. [traffic Crime Group, General Traffic Accidents and Type 1 (Bodily Injury resulting from Traffic Accidents).]

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