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(영문) 전주지방법원 2017.01.17 2016고단1803

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for one year.

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

On August 19, 2016, the Defendant: (a) was under the influence of alcohol level of 0.154% from blood alcohol level on around 23:40 on August 19, 2016; (b) but the Defendant was negligent in driving the E-learning car at the convenience shop in front of the D located in Kim Jong-si (in front side to Kim Jong-do, the location on the road A); and (c) caused the Defendant to suffer from the Defendant’s side of the G K5 passenger car in front of the victim, an agent driving at the front side of the two-lane Kim Jong-do, who is a representative driver driving on the one-lane side from the front side of the half-lane to Kim Jong-do, by taking the front side of the victim’s G K5 passenger car, which is being driven by the Defendant’s driver’s seat level, which requires approximately two weeks medical treatment; and (d) the victim was suffering from the injury of the victim in front of the damaged vehicle in front of the first half of the first half of the week.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and I;

1. A traffic accident report;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Whether the sentencing criteria are applied - Where an ordinary concurrent relationship is established between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the holding, the sentencing criteria set by the Sentencing Committee shall not be applied.

- However, against the victim H who is the most serious offender.