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(영문) 전주지방법원 2016.12.06 2016고단1480
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 22, 2016, at around 16:20, the Defendant driven a BM5 car while driving it normally at a 0.243% alcohol concentration, and suffered approximately two weeks from the side of the Defendant’s vehicle, due to the negligence that the Defendant, while driving the BM5 car at the king-si, Dong-ri, Dong-ri, Dong-ri, in front of the Yang-dong Village at the king-si, Sinsan-do, in the direction of the opposite direction, while driving the vehicle at the king-si, the Defendant was due to the negligence that the Defendant, while driving the vehicle at the king-si, is driving the vehicle at the right side of the Defendant’s vehicle, was going beyond the central line, while driving the vehicle at the king-si, Dong-ri, Dong-ri, Dong-ri, in the opposite direction.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the occurrence of a traffic accident and a report on a traffic accident;

1. Report on the circumstantial statement of a drinking driver, report on whether a drinking driver is in danger, notification of the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Each investigation report (not mentioned in the situation report, including drinking records, etc., witness's telephone statement, and video records not recorded in the black stuff);

1. Requests for blood appraisal, response to requests for appraisal, and reports on the detection of drivers;

1. A medical certificate;

1. Application of Acts and subordinate statutes on accident site photographs;

1. Relevant Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the grounds for discretionary mitigation);

1. Reasons for sentencing under Article 62-2 of the Criminal Act [in the case of a person under special mitigation] in the area of mitigation (one to eight months) of traffic accidents (in the case of a person under special mitigation) under the influence of alcohol, etc. (special mitigation) and in the case of a person under special mitigation (one type), a person under special mitigation is not subject to punishment (one type).

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