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(영문) 대전지방법원 공주지원 2019.02.15 2018고단369
도로교통법위반(음주운전)등
Text

1. Defendant A shall be punished by imprisonment for six years.

Of the facts charged against the defendant, the violation of the Road Traffic Act.

Reasons

(b) Punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes against the largest J;

1. Selection of a fine as to Defendant A’s option of punishment with prison labor and Defendant B

1. Article 35 of the Criminal Act (Defendant A) for a repeated crime: Provided, That the proviso to Article 42 of the Criminal Act shall apply to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Assistance and mitigation (Defendant B) Articles 32 (2) and 55 (1) 6 of the Criminal Act;

1. The former part of Article 37, Article 38 (1) 2, Article 50, and the proviso of Article 42 of the Criminal Act among concurrent crimes (Defendant A);

1. Article 70 (1) and Article 69 (2) of the Criminal Act in the custody of a workhouse (Defendant B);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act (Defendant A);

1. The application of the sentencing criteria [the scope of the recommending sentence] and the case where the illegality in the special aggravation area (one to four years and six months) (a person in special guard), the drinking driving and the proviso of Article 3(2) (excluding subparagraph 8) of the Education and Specialized Law (a person in special guard) is serious; and (b) the case where the sentencing criteria are in the relation of crimes on August 2, 2017 where the sentencing criteria are not set, and therefore only the lower limit of the sentencing criteria shall be observed.

2. The Defendant: (a) was sentenced to punishment for drunk driving and driving without a license not less than five times; and (b) was sentenced three times or more and served; and (c) was under the influence of drinking and driving without a license within a short period of time after the release of the sentence.

Upon detection of a crime, the Defendant committed an escape life near a year, and committed a traffic accident in violation of the signals during driving without a license and escaped at the scene of the accident.

The victims have been suffering from the 3 weeks of custody and the 8 weeks of injury, and the degree of damage is also serious.

However, considering the blood alcohol concentration at the time of the criminal act of the defendant, the criminal records, the potential and arrest circumstances, and the degree of damage caused by the criminal act, the punishment against the defendant shall be mitigated.

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