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(영문) 제주지방법원 2016.03.16 2016고단43
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On November 21, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused before the risk) driven a car with alcohol level of 0.20% 0.20% from the blood transfusion around November 21, 2015 and driven a car of ci30% from the roads front of the “E cafeteria” located in Jeju City, thereby driving a car of ci30% from the private distance to the private distance of Jeju Bank.

At the time, the Defendant was unable to drive normally due to the influence of drinking, such as a red, non-distance and walking horses, but failed to discover the victim F (the remaining and the age of 56) who was on the front side while driving on the front side without finding about about 12 weeks of the victim's injury, such as mination and mination of the right upper part of the upper part of the right-side for which treatment is required by the victim.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

2. On November 21, 2015, the Defendant, while under the influence of alcohol 00:20% among blood transfusions, driven Ci30 automobiles from the 3km section of approximately 3km to the roads of “E cafeteria” located in D at Jeju, from the 3km apartment in the 167-ro of Jeju to the roads of “E restaurant” located in D at Jeju.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. A survey report on actual condition, a statement on the circumstances of the driver in charge, a statement on alcohol during blood, and a report on the detection of the driver in charge of alcohol (the result of blood collection);

1. On-site, related vehicle photographs, and surrounding CCTV image data;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Criminal Act;

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