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(영문) 전주지방법원 2016.07.05 2016고단141
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 24, 2016, around 18:00, the Defendant driven CV-si car under the influence of alcohol concentration of about 0.142% from the 50-meter section to the shooting distance of the new apartment of the day, which was located in the 119th city, from the street in front of an influence restaurant near the department store to the street in front of an influent restaurant in the front city of the Jeonju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A traffic accident report;

1. Application of Acts and subordinate statutes to the ledger of reported on the detection of drivers engaged in driving, report on the circumstances of drivers engaged in driving, report on whether to drive any risk, and register of users of drinking meters;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - The reason for sentencing under Article 62-2 of the Order to Attend education - The circumstances unfavorable to the defendant: Although the past records of punishment for the same crime (driving driving) are three times including a suspended sentence once, the name of the crime in this case, the degree of the principal operation (0.142%) - The normal conditions favorable to the defendant: the strong reflectness, the past ten years from the same criminal record for the same kind of suspended sentence - The portion not guilty, which are all the conditions for sentencing under Article 51

1. On January 24, 2016, the Defendant, who violated the Act on the Aggravated Punishment, etc. of Specific Crimes (the death prior to the death and injury), was under the influence of 0.142% of alcohol during blood transfusion on January 18:0, 2016, the Defendant driven a new apartment street on the day, which is located in the 119-ro of the front city, with a view to driving a NAS car at around 0.142% under the influence of alcohol during the influence of alcohol at around 0:0, and led to a eronom from the apartment on the surface of the apartment.

At the same time, there is an intersection and the E-A-D car driven by the victim D is stopped in accordance with the new line, and thus, the driver of the vehicle sees the front line as a person driving the vehicle, and sets the direction and system of the vehicle.

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