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(영문) 창원지방법원 2016.07.15 2016고단789
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

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

Reasons

Punishment of the crime

1. On January 25, 2016, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by death before the risk) was drunk on the front line of C in Kimhae-si, Kim Jong-si, with a alcohol content of 0.182% of alcohol in blood, and thus making it difficult for the Defendant to drive the DM7 vehicle under normal conditions, such as a molding distance, while driving the vehicle under the influence of alcohol content of 0.182% in a normal way. The Defendant invadeds the central line while driving the e (56 years old) by driving a victim E (56 years old) who is straight at one lane in the opposite direction, and caused the Defendant to put the part of the front part of the e-ray or the part of the front part of the ta-si in need of five weeks treatment

2. On July 8, 201, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 500,000 as the same crime in the Busan District Court on July 8, 201, and a fine of KRW 500,000 with the same criminal name in the same court on January 25, 2007.

Defendant 1 driven Defendant 1’s vehicle at approximately 600 meters while under the influence of alcohol content 0.182% in blood at the same time and place as above.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and an accident scene photograph;

1. A medical certificate;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (prior convictions in the same case);

1. The fact that the driver is injured by the driving of risk under the relevant provision of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime: Article 148-2 (1) 1 and Article 44 (1) of 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of sentencing recommended according to the sentencing criteria;

A. The basic area (from April to October) of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the scope of punishment recommended) is the type 1 of ordinary traffic accidents (the injury caused by traffic accidents).

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