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(영문) 의정부지방법원 2018.05.30 2018고단1076
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

(a) Article 44(1), Article 152 subparag. 1, and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between crimes that violate the Act on the Aggravated Punishment, etc. of Specific Crimes and those that violate the Road Traffic Act and those that violate the Road Traffic Act).

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 for orders to attend lectures and orders to provide community service [the scope of recommended punishment according to the sentencing guidelines of the Supreme Court is in an ordinary competition relationship between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) within the scope of recommended punishment according to the sentencing guidelines, in principle, excluded from the application of sentencing guidelines

In general traffic accident group, the basic area (aggravated injury caused by traffic accident: driving and mitigation of alcohol: Non-driving, imprisonment with prison labor for four months or more, or one year from one year to one year) of imprisonment with prison labor according to the lower limit of the applicable sentences under law. Since other crimes for which the sentencing guidelines have not been set, there has been a history of punishment several times for defendants for the same crime.

In particular, in 2003, the court was sentenced to the suspension of the execution of imprisonment due to a crime that causes an accident without a drinking or non-license and escaped, and in 2016, as in the instant crime, it was punished as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes that causes an accident while driving while under the influence of alcohol is difficult.

Nevertheless, the defendant was driving under the influence of 0.225% alcohol concentration in the re-bloods, caused the accident to cause three victims, and subsequently, caused the building to be damaged by the road, and the vehicle stopped.

When the vehicle was loaded before and after the accident, the defendant is driving.

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