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(영문) 제주지방법원 2014.02.05 2013고단1747
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

The defendant is a person who is engaged in driving a B-Wood vehicle.

On November 13, 2013, at around 19:00, the Defendant driven the said car while under the influence of alcohol of 0.19%, and led to the flow of the brea-dong in the wing-dong at the beginning of the Jeju-do, along with the chilling path from the breath of the lower police.

At the same time, since there is a signal signal, a person engaged in driving of a motor vehicle has a duty of care to thoroughly operate the steering time and to safely operate the steering and brake system by accurately operating it.

Nevertheless, the Defendant was negligent in neglecting the influence of alcohol while driving as it is, and received the back portion of the Ddo-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-

As a result, the Defendant driven the said A-Wurt-Wur-Wur-Wurl-Wurl-Wurt-Wurt-Wurl-Wurl-Wurl, and suffered from the injury of the victim E (the 11) who is a passenger of the said franchise-Wur-Wurl-Wurl-Wurl-Wurl-Wurl-Wurl-Wurl-Wurl-Wurl-Wurl-Wurl-Wurk, and

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. On-site map and photograph of the traffic accident;

1. Each general medical certificate;

1. Application of Acts and subordinate statutes to reports on detection of drivers and circumstantial statements of drivers;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act, as to the crime committed under the corresponding Act;

1. Articles 40 and 50 of the Criminal Act (the punishment imposed on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims E with heavy criminal situation (the punishment imposed on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused by dangerous driving).

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