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(영문) 제주지방법원 2016.05.12 2016고단128
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal history] On August 13, 2007, the Defendant was sentenced to a fine of KRW 2 million for a crime of violating road traffic law (drinking driving) at the Seoul Central District Court on August 13, 2007, and a fine of KRW 4 million for the same crime at the Jeju District Court on March 18, 2014.

[Criminal facts]

1. On December 25, 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by death before the risk) was under the influence of alcohol at around 0.219% of alcohol content among blood transfusion, and was under the influence of alcohol at around 22:40 on December 25, 2015, the Defendant suffered a victim E (the age 43) who driven the said car on the road above the left-hand chill in front of the Defendant’s automobile owned by the Defendant at Jeju city while driving a DNA car in front of the car in front of the car in front of the car in front of the car in front of the car in Jeju city, while driving the car in front of the car in front of the car in front of the car in front of the car in which it is difficult to drive the car normally while driving the car under the influence of alcohol while driving the car at the outside of Jeju city.

2. Defendant 1 driving a vehicle with approximately 20 meters of alcohol content 0.219% under the influence of alcohol at the time and place specified in the above paragraph 1, at the same time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A traffic accident-related statement of E;

1. 교통사고 발생상황보고, 실황 조사서⑴⑵, 주 취 운전자 적발보고서

1. Response to a request for appraisal;

1. A medical certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and each investigation report (report on the confirmation of the previous personal history and a copy of the summary order of the previous personal history);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the punishment shall be imposed on a person causing injury resulting from dangerous driving).

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