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(영문) 청주지방법원 2017.08.31 2017고단698
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

. “......... Each victim E (S) who is the passenger passenger of the said cargo, suffered injury, such as “Nos. 2, 5, 6 chest-si,” which requires approximately six weeks of medical treatment.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and E;

1. A report on the occurrence of a traffic accident, a survey report on actual condition and a statement on the circumstances of the driver concerned;

1. On-site photographs;

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. 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. Reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, order to attend lectures and order to provide community service;

1. The sentencing guidelines are set only for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Driving Motor Vehicles) in the basic area (4 months to 1 year) (including special mitigation) / In the case of driving, etc. under the influence of alcohol, etc., the sentencing guidelines are set for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Driving Motor Vehicles). There are no separate sentencing guidelines for the crimes of violation of the Road Traffic Act (driving Motor Vehicles). Thus, the multiple sentencing guidelines are not drawn for the crimes of violation of the Road Traffic Act.

2. Elements of sentencing that are disadvantageous to the decision-making of sentence: An accident that causes repeated drinking, despite the fact that the person has been sentenced to a fine due to drinking driving twice.

(n) Fluent sentencing factors: agreements with victims. In order to subscribe to comprehensive insurance, mistake is recognized and reflects them. o and other sentencing conditions in Article 51 of the Criminal Act are set forth in the text.

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