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(영문) 제주지방법원 2014.06.27 2014고단574
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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A defendant shall be punished by imprisonment for one year.

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 April 8, 2014, the Defendant, while driving a spke vehicle with a blood alcohol concentration of 0.169% without obtaining a driver’s license on April 16, 2014 and driving it on the two-lane road in front of the “spack smart” in the 84-lane in the Jeju city administration, was under the influence of the “curma”, due to the negligence of neglecting the duty to stop in the state where normal driving is difficult due to drinking, and due to the negligence of neglecting the duty to stop in the state of normal driving, the lower part of the c (n, 25 years old) driving D) driving car in front of the direction of the Defendant’s driving, and caused the injury to the victim E (SP, 42 years old, 42 years old, and 20 days old, resulting in the injury of the victim and the Defendant’s injury to the victim for treatment, such as for 20 days, and for 20 days, the Defendant suffered from each injury to the victim E(s).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as a report on detection of a host driver, a vehicle photograph, a survey report on actual condition, and a medical certificate;

1. Relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Selection of imprisonment with prison labor;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Suspension of execution: Article 62 (1) of the Criminal Act (The following factors shall be taken into account the conditions of sentencing under Article 51 of the Criminal Act);

1. Order of community service: Recommendations and sentences on the grounds of sentencing in Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., shall be limited to the scope of sentencing guidelines (traffic crime group, general traffic accident, type 1, the area of aggravation of traffic accidents, and the area of aggravation (the special person under special circumstances): the

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