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(영문) 제주지방법원 2020.02.21 2019고단2346
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 22, 2019, at around 05:25:25, the Defendant driven a Clearning car in the section of about 4 km from the Jeju Viewing Road to the front of the Jeju Do, where the blood alcohol concentration of 0.103% was under the influence of alcohol on October 22, 2019.

2. On October 22, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) (the Defendant), at around 05:25:25, the Defendant, while under the influence of alcohol as stated in paragraph (1), was influencing, in a situation where normal driving is difficult due to the influence of drinking, such as influencing red-lighting on face, driving the C-learning car before the Jeju, driving the front road from the new Jeju bank to the opposite lane from the central doer distance. On the back of the new Jeju bank, the Defendant got the victim D(the age 23), who was driving in the front of the E-B B B B B B B B car, and suffered injury, such as the click flus and tension in need of two weeks of the flucing vehicle.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Entry of the written statements related to traffic accidents in DNA preparation;

1. Each traffic accident report prepared by police officers, report on the results of the control of drinking driving, report on the circumstances of drinking drivers and statement, and investigation report; and

1. Application of the statutes in which the medical certificate of the doctor F prepared D is stated;

1. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (3) 2 of the Road Traffic Act and Article 44 (1) 2 of the same Act: Full text of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. From among concurrent crimes, Article 37 (former part), Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up the long-term punishment of two crimes as provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than punishment, to the punishment);

1. Discretionary mitigation;

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