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(영문) 제주지방법원 2014.10.31 2014고단1158
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 18, 2014, while the Defendant was under the influence of alcohol 0.109% on blood alcohol level around 22:00, while driving a Cpoter truck and driving the Cpool truck into the one-lane 2-lane of the Cpolycer road located in the Cpolydong in Jeju City, the Defendant was negligent in trying to make a right-way at one-lane of the victim D (23 years old) driving on the said two-lane of the said road while driving at the Cpool Public Security Center in accordance with the two-lane 2-lane 3-lane 4 weeks of the said road, resulting in the Defendant’s injury, such as brain mic, sugar, and Gyeongpool ter, etc. requiring treatment for about four weeks by having the victim go beyond the right-hand side of the Defendant’s vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a report on the results of the crackdown on drinking driving, a report on actual condition survey, and a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment for the crime: Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (a point of sound driving);

1. Discretionary mitigation: Articles 53 and 55 (1) 3 and 6 of the Criminal Act (applicable to the grounds for considering the circumstances of the crime);

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: The punishment shall be imposed as ordered in consideration of all the following circumstances, including the recommended range of sentence on the sentencing guidelines of Article 334(1) of the Criminal Procedure Act (in the case of traffic crime group, general traffic accident, first type of traffic accident (in the case of a person under special circumstances: in the case of a person under special circumstances, illegality in the proviso of Article 3(2) of the School Specialized Law), the basic area (in the case of a person under special circumstances, not subject to punishment), April - 10] and the following circumstances. The favorable circumstances are recognized as facts of crime and reflects: The blood alcohol concentration is not high, the blood alcohol concentration is not agreed with the victim, and there is no previous conviction other than the previous one.

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