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(영문) 청주지방법원 2018.05.31 2017고단2764
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 three years from the date this judgment becomes final and conclusive.

Reasons

. Up to the front road of Mosan-gun C, 10 km driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual conditions;

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

1. An accident scene photograph;

1. The driver's license ledger;

1. Each written diagnosis of damage;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the crime, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (referring to the act of driving a motor vehicle without a license) 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 Code of the Order to Attend a lecture and the Order of Community Service [Scope of Recommendation] The mitigated area (one month to eight months) (special mitigation) (special mitigation) in the mitigated area; (1) punishment in the case of driving under the influence of alcohol (including efforts to recover damage); and (2) the case of driving under the influence of alcohol] the sentencing criteria are set only for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the decision of sentence is made); and there is no separate sentencing criteria for driving under the influence of alcohol and non-licenseless driving under the same Act; and (3) the standards for treating multiple crimes are not drawn.

2. The elements of sentencing that are disadvantageous to the determination of sentence: The nature of the crime and the nature of the crime that are being driven under the influence of alcohol without a driver’s license even though there was a history of being sentenced to a fine due to the crime of drinking driving and the crime of non-licensed driving, and that many victims of the accident are drunk without a driver’s license, and the result of drinking is pleasure. The degree of injury to the victims is high: the degree of sentencing factors favorable to o: the degree of injury to the victims is not excessive. Recognizing the error, the punishment is not permissible, and the sentencing conditions under Article 51 of the Criminal Act are determined as ordered.

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