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(영문) 제주지방법원 2015.04.06 2015고단306
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 13, 2014, at around 18:30, the Defendant: (a) driven a rocketing car under the influence of alcohol content of 0.110%; (b) was under the influence of alcohol due to a string distance, etc.; (c) was driven by the Defendant, at the time of Jeju, at the same time, the four-distance intersection prior to the transfer of the Hando-do-in life at the time of Jeju, the Defendant left the right to the left at the e-vehicle spheral spheral surface of the same e-vehicle that the victim D (45 years old) traveling along the opposite line, beyond the central line, driven by the front part on the left side of the vehicle under the direction of the victim; and (d) was able to obtain approximately two-day treatment for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. A medical certificate;

1. Notification of the control results of drinking driving, application of Acts and subordinate statutes to the report on the state of drinking drivers;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the choice of punishment: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving sound). Selection of each fine;

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

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for the reason under Article 334 (1) of the Criminal Procedure Act; and

The circumstances that are favorable to the reasons for sentencing: Taking into account the fact that the comprehensive motor vehicle insurance policy, the exemption from punishment ( March 30, 2015), the first offender imprisonment becomes final and conclusive, and the loss of the public official's position is determined.

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