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(영문) 제주지방법원 2013.04.12 2013고단196
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. On October 11, 2012, at around 00:30, the Defendant: (a) while driving a e-mail vehicle with a alcohol alcohol level of 0.186% and making a left-hand turn to the right-hand turn on the crosswalk on the side of “herst hotel”, which is linked at Jeju city, from the 4-distance cultural knife to the seat of GS25 points; (b) was negligent in failing to comply with the duty of care to check whether there is a person who gets to walk the crosswalk by temporarily stopping the above crosswalk, and due to the Defendant’s failure to drive normally due to influence of alcohol, the Defendant suffered a son’s fuckbbuck in need of treatment for about two weeks.

2. On October 11, 2012, the Defendant, at around 01:00, driven the said car and driven the said car on a three-lane road in front of the construction center which is linked to Jeju City, was negligent in neglecting his duty of care to operate the brake system properly and by neglecting his/her duty of care to care to care in the front of the construction center, which is in line with the three-lane road. On the part of the Defendant, the Defendant sustained injury, such as the bones, tension, tension, etc. of the bones of the bones of the victim D (age 43) who was under the influence of drinking, while driving the said car on the back of the victim D(age 43) who was under the influence of drinking, was unable to drive normally due to the influence of alcohol, resulting in a loss of the victim, such as the bones of the bones in need of treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. A written statement prepared by persons involved in the D traffic accident;

1. The application of Acts and subordinate statutes to the actual survey report and diagnosis report;

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

1. Suspension of execution;

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