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(영문) 청주지방법원 2018.05.31 2017고단2742
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

A. The Defendant suffered injury, such as salt dynasium and tensions, which require approximately two weeks of treatment to the victim.

2. Violation of the Road Traffic Act (drinking driving) was driven by the Defendant under the influence of alcohol at approximately 10km section from the 10km section to the place in which the trade name in Pyeongtaek-gu, Pyeongtaek-si, Pyeong-gu, Pyeong-gu, Pyeong-do, as set forth in paragraph 1, croc-do sports car with alcohol content of 0.186% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement on the occurrence of a D traffic accident;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of a survey report on actual conditions and the results of regulating drinking driving;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and Article 148-2 (1) of the same Act concerning the punishment of the crime, the selection of imprisonment for each sentence;

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;

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. The elements of sentencing that are disadvantageous to the decision of sentencing: The nature of the crime and the synment of the victim by taking an accident in which the victim is driving under the influence of alcohol, and the degree of injury of the victim is high. Do favorable sentencing factors: the degree of injury of the victim is not much excessive. The degree of injury of the victim is not excessive. Do, Do, and other factors of sentencing under Article 51 of the Criminal Act are determined as ordered by taking into account the factors of sentencing.

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