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(영문) 제주지방법원 2016.06.17 2016고단647
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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 motor vehicle by creating C New Airport.

On April 3, 2016, the Defendant was under the influence of alcohol concentration of 0.186% during blood transfusions, without obtaining a driver’s license, and the Defendant was driving ahead of the Jeju East Police Station located in Jeju East-ro 66 on the surface of the light shooting distance.

The Defendant, while under the influence of alcohol at the time, was unable to operate normally, due to the negligence that did not properly operate the front-time and brake system, was driven by the victim D(59) who was under the influence of signal at the front-way and the rear part of the victim D(59) who was under the influence of signal at the front of the car of Defendant driving.

As a result, the Defendant suffered from the above occupational negligence that D caused D to undergo approximately 3 weeks medical treatment, such as catum fat, etc., and the victim F (31) who is the passenger of the said taxi, for about 2 weeks of medical treatment, the victim G (34 years of age) suffered from the catum fat, etc. requiring approximately 2 weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Written statements prepared by D;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Relevant legal provisions pertaining to the crime: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (a point of drinking), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a point of driving without obtaining a license);

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 former part of Article 37, Article 38 (1) and 2, and Article 50 of the Criminal Act (within the maximum of the punishment for two crimes, and the lowest limit shall be the punishment for the crime of violation of Road Traffic Act);

1. Suspension of execution: Article 62(1) of the Criminal Act (the following sentencing conditions are as stated in Article 51 of the Criminal Act).

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