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(영문) 제주지방법원 2017.04.28 2016고단2990
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

On November 26, 2016, around 19:40 on Jeju, the Defendant driven a motor vehicle of 0.161% under the influence of alcohol concentration in blood without a driver's license, driving a motor vehicle of 0.161% in the blood, and proceed to the direction of the moving community center in the direction of the personal distance.

In order to prevent accidents, a person engaged in driving motor vehicles has a duty of care to accurately operate steering and operating steering gear and to safely proceed by controlling speed in advance.

Nevertheless, in order to turn to the right before the defendant's proceeding due to negligence while neglecting this, the defendant received the back portion of the G Gnap car of the victim F(24 Do) in front of the defendant's proceeding.

As a result, the Defendant, while driving a motor vehicle at a bar without a driver’s license due to the influence of drinking, was driving the motor vehicle at a while it is difficult for the Defendant to drive the motor vehicle at a normal level, and suffered injury to the victim, such as salt, tension, etc. in need of approximately two weeks medical treatment

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on traffic accidents, and related photographs;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. A traffic accident-related statement prepared by the F;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a point of causing bodily injury to a dangerous driving), Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (a point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of each sentence of imprisonment;

1. Article 37 (former part), Article 38 (1) 2, and Article 50 (the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes with heavy punishment) of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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