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(영문) 대전지방법원 천안지원 2015.08.24 2015고단1021

도로교통법위반(음주운전)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

A. Around two weeks of medical treatment, the victim suffered injury, such as dump dump dump dump dump dump dump dump, etc., by taking the victim into the front part of the car.

2. The Defendant was under the influence of alcohol with 0.125% of the blood alcohol concentration on the date and time set forth in the preceding paragraph, and the Defendant was driving the said B Abdo lick XD car from around approximately 1km to the roads in front of the said Ministry of Commerce, Industry and Energy, from around the same Eup, the same Eup, Yancheon river near the said Ministry of Commerce, Industry and Energy.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A C Statement (A written statement on the occurrence of a traffic accident);

1. A survey report on actual conditions, on-site map, and a report on occurrence of traffic accidents;

1. Report on the circumstantial statement of a drinking driver, report on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Application of investigation reports (verification of suspect's records of drinking driving)-related Acts and subordinate statutes;

1. Article 5-11 (Aggravated Injury resulting from Dangerous Driving) of the Act on the Punishment, etc. of Specific Crimes under the relevant Act on the Punishment, etc. of Specific Crimes, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (a point of sound driving) and choice of imprisonment with prison labor for each crime;

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

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The following favorable circumstances):

1. Article 62 (1) of the Criminal Act ( considered as follows)

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Order to Attend Education* Since the sentencing guidelines are concurrent crimes with those for which the sentencing guidelines are not set, it shall be considered only at the lower limit. [Scope of recommending punishment] In the case of minor injuries in the mitigation area (one to six months) of the first type of traffic accident (the injury caused by traffic accident) (one type) (one type)] of the mitigation area (one to six months), * Notwithstanding the experience of the same kind of crime in the decision of sentence, there is no record of punishment heavier than the fine for the last ten years, but there is no record of punishment heavier than the fine for the last ten years, contrary to the fact that there is no record of punishment heavier than the fine for the last ten years.