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(영문) 전주지방법원 정읍지원 2017.04.27 2016고단622

도로교통법위반(음주운전)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

(b) Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point that is the injury caused by the operation of danger);

1. The punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes Act (a punishment on the crimes of violating the Traffic Act on December 19, 2016 and of violating the Traffic Act on the road at around 11:55, and the traffic law on the road at around 18:20 on November 13, 2016 and the crimes of violating the Traffic Act on the road at around 18:20 on November 13, 2016, and the crimes of violating the Traffic Act on the road at around 18:20 on the road, and each punishment is imposed on the crimes of violating the Traffic Act on which no punishment is heavier);

1. Selection of each sentence of imprisonment;

1. Reasons for sentencing [The minimum sentence shall be aggravated for concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 [the punishment shall be aggravated for concurrent crimes resulting from the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes with the largest punishment, but the minimum sentence shall be the same as that of the punishment determined for the crime of violating the Road Traffic Act (driving)] / Where there are special traffic accidents [the mitigated factors] - Where there are minor injuries: (1) - In cases of driving, etc. - the basic area [the scope of the recommended punishment] / [the scope of the recommended punishment] 4 months to 1 year / the basic area of driving, etc. / [the decision of the recommended sentence] 1 year imprisonment is against the defendant's wrong time, the fact that the defendant's behavior of drinking and drinking conditions are relatively favorable to the defendant, and the circumstances, such as drinking conditions and the possibility of the defendant's repeated punishment after the occurrence of the traffic accident in this case, etc.]