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(영문) 제주지방법원 2017.02.08 2016고단292
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who is engaged in driving a motor vehicle B with the highest driver's license in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

On June 2, 2011, the Defendant driven the said car at around 00:10 on June 2, 201, while driving the D gas station in front of the D gas station in Jeju to the Public Security Center located on the side of male street, and driving it by a victim E (59 years old) who driven the vehicle in the same direction as the said vehicle due to the negligence in the course of duty while driving it under the influence of alcohol with 0.182% of alcohol concentration during blood.

F Launayyel part of the back of the said passenger car was received in front of the said passenger car.

The Defendant, due to such occupational negligence, inflicted injury on the victim E, such as salt, tensions, etc. in need of treatment for up to two weeks, and suffered injury on the victim G (24 Do) boarding the said taxi for about two weeks in need of medical treatment.

2. Defendant 1 driven the above high-speed car within the three kilometers prior to the Do located in Jeju-si from the Do located in New Jeju-si to the Do located in Jeju-si, under the influence of alcohol content of 0.182% during the day-to-day alcohol during the above paragraph 1.

Summary of Evidence

1. A written statement prepared by the defendant and persons involved in each traffic accident;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The actual investigation report on traffic accidents;

1. A self-investigation report (general) on August 11, 201 and an investigation report (for victim E, hearing a statement and reporting by telephone);

1. Each written diagnosis;

1. Application of Acts and subordinate statutes, such as field map of traffic accidents;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and Article 148-2 subparagraph 1 and Article 44 (1) of the former Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes before it was amended by Act No. 10790, Jun. 8, 201) concerning the crime

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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