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(영문) 제주지방법원 2013.12.06 2013고단1471
특정범죄가중처벌등에관한법률위반(위험운전치사상)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

On September 10, 2013, while the Defendant was under the influence of 0.156% of blood alcohol concentration at around 22:10, the Defendant sustained injury, such as brain dust, etc., which requires approximately two weeks of treatment of the Defendant, to the victim E (the son, the son, the son of the damaged vehicle, and the 32 years old) suffered injury by the Defendant, such as the return of the aggregate felb, etc., for which treatment of approximately 12 weeks is required, while driving the raCC at the entrance and exit of the raCC at the entrance of Hando 2-dong in the Jeju city, where it was difficult for the Defendant to normally drive due to drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. CWritten statements related to traffic accidents;

1. Application of Acts and subordinate statutes to a report on detection of a host driver, a fact-finding survey report, and a medical certificate;

1. Relevant Article 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, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

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: 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: The sentence shall be imposed as ordered in consideration of all the following circumstances, including the scope of recommendation and sentence [in the case of traffic crimes group, general traffic accidents, type 1 (the injury of traffic accidents), basic area (in the case of a person under special circumstances: a person under special circumstances: a person under special mitigation: a person under special mitigation; a person under special mitigation; a person under special mitigation; a person under special mitigation); a person under special mitigation; a person under special mitigation; a person under special mitigation; a person under special mitigation; a person under special mitigation; a person under special mitigation; a person under favorable circumstances; a person under mutual agreement with the victims; a person under mutual agreement with the victims; a fine under a minor offense.

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