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(영문) 청주지방법원 제천지원 2017.02.09 2016고단502
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2016 Highest 502] On July 27, 2016, the Defendant driven D rocketing taxi under the influence of alcohol leveling 0.155% from the 30km section of approximately 30km from the surface of the Young-gun Korean Peninsula, around 18:20 on July 27, 2016.

[2017 Highest 13] The Defendant stated “2016.” in the indictment on 2017, but appears to be a clerical error in “2017.”

1. 4. 22:25 around 22:25, the face of the injured party G (66) who was sitting in a mebb, without any reasons, was boomed twice a week at the F main point in YYE, and was divided into knee and knenee.

As a result, the Defendant inflicted injury on the victim, such as the spathal of a baby who needs to be treated for about four weeks.

Summary of Evidence

[2016 Highest 502]

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to H;

1. Each police statement concerning I, J, K, and L;

1. Statement report on the circumstances of driving at home and investigation report (H telephone listening report);

1. Inquiries about the results of crackdown on driving alcohol;

1. Bable cream cream (2017 Height 13)

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements;

1. Investigation report (to hear statements by sphos telephone);

1. Each injury diagnosis letter;

1. Application of the Acts and subordinate statutes on photograph description;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 257 (1) of the Criminal Act (the point of injuring) of the same Act, and the choice of imprisonment for each sentence;

1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the aggravation of concurrent crimes with the punishment heavier than the punishment prescribed for the concurrent crimes, but the lowest sentence of the punishment shall be the same as the punishment determined for the crimes of violation of Road Traffic Act (limited to the extent that the total of the long-term punishments for the above two crimes) of the aggravated concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The reasons for sentencing under Article 62(1) of the Criminal Act (recognating favorable circumstances among the reasons for sentencing as follows) and the age, occupation, and sex of the accused.

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