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(영문) 청주지방법원 2018.03.15 2017고단2400
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. The above victim H suffered bodily injury such as salt ties, tensions, etc., the injury of tensions, tensions, etc., which requires approximately two weeks of medical treatment, and the injury of tensions, tensions, tensions, etc. to the victim L (31 years) who was on board the car of the above Bosch Rexroth.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements, F, and H written statements;

1. A traffic accident report, notification of the results of regulating drinking driving, a written statement of the driver involved in driving, and a response to a request for appraisal;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of each written diagnosis;

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 (2) 1 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 suspended execution;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (four months to one year) of the class (the person causing a traffic accident) of the general traffic accident [the decision of sentencing] [the decision of sentencing] * the sentencing guidelines are set only for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury resulting from a dangerous driving). There are no separate sentencing guidelines for the crimes of violation of the Road Traffic Act (driving driving) and the processing standards for multiple crimes are not drawn.

2. Sentencing factors that are disadvantageous to the determination of sentence: (a) under the influence of alcohol, the victims of an accident are able to commit a crime by overworking the central line in the speed of alcohol; (b) the nature of the crime and the fright of drinking; (c) drinking is relatively high; and (d) the fright of drinking is punished by a fine as a crime of drinking. Sentencing factors favorable to the fright of the victim: subscription to a comprehensive insurance; (c) the degree of injury of the victims is not much excessive; (d) recognition of errors and reflectness; and (e) determination of punishment as set forth in the disposition by taking account of the sentencing conditions under

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