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(영문) 제주지방법원 2016.11.11 2016고단1572
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who is engaged in driving of a car in the SP area B.

On July 3, 2016, the Defendant driven the said car under the influence of alcohol level of 0.153% on blood alcohol level around 22:30 on July 3, 2016, and proceeded with the road of 405 U.S. in the Bari-gu Bari-gu in Jeju Island with the private distance at the entrance of the Heari-si village at the lower funeral hall.

The Defendant, while under the influence of alcohol at the time, was unable to drive normally, due to the negligence that did not properly operate the front-down and steering of the steering system, received the part on the left-hand part of the D-hand part of the C-driving, which was stopped on the right-hand side of the vehicle, from the Defendant’s driving vehicle to the right-hand part of the vehicle.

Accordingly, the Defendant caused the victim E (the 52-year-old passenger) who was a passenger with the above-mentioned low-priced passenger car due to such occupational negligence to receive around two weeks of medical treatment, and damaged the F-owned passenger car to be in excess of KRW 4,582,378.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. The actual condition of traffic accidents;

1. A written diagnosis and written estimate;

1. Application of Acts and subordinate statutes governing field photographs, on-site maps, and motion picture CDs of damaged vehicles;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 151 of the Road Traffic Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The sentencing guidelines for sentencing of Article 62-2 of the Criminal Act for community service and order to attend lectures are as follows: Recommendations, sentences, scope of sentence [traffic crime group, general traffic accident group, Type 1 (Bodily Injury resulting from traffic accident), aggravated area, 8-2 years of imprisonment] and the following.

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