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(영문) 제주지방법원 2017.02.08 2016고단2755
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 engaged in driving a motor vehicle B with detached motor vehicles.

On October 26, 2016, the Defendant was under the influence of alcohol level of 0.248% during blood transfusion around 02:28 on October 26, 2016, and was under the influence of alcohol level of 0.248% during driving of the said car, and was under the influence of 46 under the Do-ro Do-ro at Jeju.

The Defendant, while under the influence of alcohol, was negligent by entering the above shooting distance as it is in contravention of the signal while normal driving is difficult at the time, and caused the front part of the victim C(52 years old)'s lurburged car, which was directly located on the right side of the monthly elementary school (on the right side of the Defendant), to the right side of the Defendant's driver's car.

As a result, the Defendant got C with the above occupational negligence to suffer injury to sugars without any wound in the two cases where approximately four weeks of treatment is open.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, C's written statement, related photographs, statement report on the situation of a driver of a main driving, report on the results of regulating drinking driving, survey report on actual condition, consent and request for blood recovery, request for appraisal, response to request for appraisal, statement of alcohol alcohol during blood, and report on the detection of a driver of a main driving

1. Efafics of an accident image;

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 and the choice of punishment for the crime: Article 5-11 (the point of causing danger and injury to the driving of a motor vehicle, the choice of imprisonment) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (the point of drinking alcohol and the choice of imprisonment);

1. Aggravation of concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Provided, That the lower limit shall be the punishment determined for the crimes of violation of traffic laws on roads, and those determined for such crimes];

1. Reduction: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Community service order: on the grounds of Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection;

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