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(영문) 대전지방법원 천안지원 2015.10.19 2015고단1467
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

(b) drive a small-scale passenger vehicle;

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each written statement E and C;

1. A traffic accident report, actual condition investigation report, and traffic accident occurrence report;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. The user ledger of the measuring instruments for drinking;

1. Registers of driver's licenses;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, subparagraph 2 of Article 148-2, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act [in the case of crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against each victims, punishment provided for the above crimes against victims C, the crime of violation of the Road Traffic Act, and the crime of violation of the Road Traffic Act, with heavier punishment, shall be punished as the crimes of violation of the Road Traffic Act, with heavier punishment] and each choice of imprisonment;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act on the suspended sentence * Since the sentencing guidelines are concurrent crimes with those for which the sentencing guidelines have not been set, the following sentencing guidelines for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes are referred to only to the lower limit. [The scope of the recommended sentence] In the case where the illegality in the proviso of Article 3(2) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious [Special Cases concerning the Settlement of Traffic Accidents] in the area of aggravation (8-1 year and 6 months) of the first category of traffic accident (the injury caused by traffic accident) [Special Cases concerning Persons under Special Cases concerning the Settlement of Traffic Accidents] * In the case of the same crime in the same kind of crime in which the sentence has been decided, while it is very important, efforts are made to repay the damage, seriously reflects the fact that there is no record of punishment heavier than the fine, and one parent is a single parent.

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