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(영문) 청주지방법원 2018.06.21 2018고단157
특정범죄가중처벌등에관한법률위반(위험운전치상)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 three years from the date this judgment becomes final and conclusive.

Reasons

(b) the front part of the otoba is shocked to the right side of the vehicle;

Ultimately, the Defendant driven the said car in a state where normal driving is difficult due to influence of drinking, and suffered injury to the said victim, such as salt, tension, etc. of the bones of wood that requires medical treatment for about two weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A traffic accident report, a traffic accident report, a report on the occurrence of a traffic accident, a notification of the results of regulating the driving of drinking alcohol, and a statement of the situation of the driver taking driving;

1. An accident scene photograph;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes (C);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 2 and Article 44 of the Road Traffic Act concerning the punishment of the crime, the choice of imprisonment for each sentence;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basic area (4 months to 1 years) (including special mitigation) / In the case of driving, etc. under the influence of alcohol (including serious efforts to recover damage) / The sentencing guidelines are set only for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving). The sentencing guidelines are set for the crimes of violation of the Road Traffic Act (driving driving). There are no separate sentencing guidelines for the crimes of violation of the Road Traffic Act, and the processing standards for multiple crimes are not drawn;

2. Sentencing elements that are disadvantageous to the decision of sentencing: In the event of an accident that is being driven under the influence of alcohol, the nature of the crime and the criminal condition of the victim are different, pleasure, drinking, and drinking are relatively high. There are criminal records of the same kind of fine. Sentencing elements that are favorable to the victim: the degree of injury of the victim is not much excessive. The degree of injury of the victim is not excessive. Recognizing the mistake, it is reflective that o and other sentencing conditions under Article 51 of the Criminal Act are considered as a whole.

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