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(영문) 제주지방법원 2017.02.08 2017고단42
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who is engaged in driving a car in XG.

On December 19, 2016, the Defendant driven the said vehicle under the influence of alcohol content of 0.191% in blood at around 16:45 on December 19, 201, and proceeded to turn to the left from the south of the Southwest at the intersection of the Tyang police box located in Cyang-dong at Jeju City.

Since the place is an intersection, the driver of the motor vehicle has a duty of care to safely operate the steering and operation by accurately operating the steering and steering system.

Nevertheless, due to the negligence of entering the opposite opposite vehicle in which it is difficult to drive in a normal condition due to alcohol, the Defendant was at the front part of the left side of the Defendant’s vehicle while driving the signal waiting at the intersection from the bathing beach side to the intersection of the said intersection.

Ultimately, the Defendant suffered from the injury of the victim E (V, 36 years old) and the victim F (4 years old), who is a passenger of the victim C and the damaged vehicle due to the foregoing occupational negligence, for approximately two weeks of treatment, such as salt, tension, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of a traffic accident, field map, accident camera, C’s statement, circumstantial report on the state of the driver in charge, notification of the results of regulating the driving of drinking, field map, and related photographs;

1. Each written diagnosis;

1. Inquiries about the results of crackdown on driving alcohol and the application of Acts and subordinate statutes;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking alcohol driving);

1. Standing concurrence and choice of punishment: Articles 40 and 50 of the Criminal Act; Selection of imprisonment;

1. Aggravation of concurrent crimes: The punishment that is set forth in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the lowest shall be the crimes provided for in the provisions of the Road Traffic Act;

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