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(영문) 대전지방법원 2021.03.26 2020고단4881
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. C’s statement;

1. A traffic accident report;

1. On-site photographs of an accident reported on the results of notification of the results of restriction on driving of drinking in response to a request for appraisal of the circumstantial statement made by the driver;

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

1. Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by the driving of each danger) concerning the crime under Article 148-2 (3) 1 and Article 44 (1) of the Road Traffic Act (referring to the act of driving alcohol) of the same Act;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment prescribed for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the victim B with the heavier judgment, and the punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the victim B with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment heavier than that provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes) within the scope of the sum of the long-term punishments of two crimes, which are stipulated in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes as stated above: Provided, That the lower limit shall apply

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture requires severe punishment in that the defendant driving a motor vehicle while under the influence of alcohol causes an accident, the punishment against the defendant shall be determined as ordered by taking full account of the following: (a) the first offender is the first offender; (b) the victim's injury is relatively minor; (c) the defendant's vehicle is covered by a comprehensive insurance contract; (d) the victims' excessive agreement is reached; (e) the defendant's mistake is against the defendant's age, sex, family environment, circumstances surrounding the crime, and circumstances after the crime.

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