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(영문) 제주지방법원 2013.12.13 2013고단1488
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

except that 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

On September 29, 2013, at around 17:30, the Defendant driven a 3rd truck under the influence of blood alcohol concentration of 0.183%, and driven a vehicle of 0.183% under the influence of alcohol in Jeju, with one lane in front of the “CU” convenience point of 674, the Defendant, at the time of Jeju, failed to look well at the front line of the victim C (n, 57 years old) driving on the same lane, without looking at the front line, while driving a vehicle of 3rd truck in front of the “CU” convenience point of 674, in front of the “CU” convenience point of 674, at the time of Jeju. By negligence, the back part of the victim C (n, 57 years old) driving, which was driven on the same lane, was driven by the front part of the Defendant’s vehicle, and led to shock on the left side part of the E truck that parked on the opposite lane.

As such, the Defendant driven a vehicle in a situation where normal driving is difficult due to influence of alcohol, and suffered injury, such as a plehion pressure 3 times in which medical treatment is needed for about 10 weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a report on detection of a host driver, on-site photographs, a survey report on actual status, and a medical certificate (C);

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment: Article 5-11 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 (the point of sound driving). Selection 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 (within the scope of adding up long-term punishments);

1. Suspension of execution: Determination of sentence as ordered in consideration of all the following circumstances, including the scope of recommendation and sentence [in the case of traffic crime group, general traffic accident, type 1 (injury of traffic accident), basic area (in the case of a person under special circumstances: a person under special circumstances: a person under special mitigation: a person under special mitigation; a person under special mitigation; a person under special mitigation); a person under special mitigation; a person under special mitigation; a person under special mitigation; a person under special mitigation; a person under special mitigation; a person under special mitigation; a person under special mitigation; a person under favorable circumstances; a person under favorable circumstances; a person under mutual agreement with the victim; a person under mutual agreement with the victim;

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