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(영문) 청주지방법원 2017.03.16 2016고단1766
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for 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

(b) Legal statements;

1. A written E (the occurrence of traffic accidents);

1. A survey report on actual condition, and a report on the actual condition of the original state before the main state;

1. A medical certificate;

1. Previous convictions in judgment: Application of a reply letter to inquiry, such as criminal history, (A), investigation report (report on past convictions in disposition and results of confirmation);

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, 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 each choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier within the scope of the sum of the long-term punishments of each crime as stated in the judgment, shall be increased by concurrent crimes: Provided, That the lowest sentence shall be the lowest sentence of the punishment specified for a violation of Road Traffic Act;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (such as there are grounds to consider the commission of a crime);

1. Article 62(1) of the Criminal Act on the stay of execution ( Taking into account factors of sentencing favorable to the following reasons):

1. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and order to attend lectures;

1. 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) in the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines in general traffic accidents: (a) the mitigation area (one month to eight months) (the person who is subject to special mitigation (the person subject to special mitigation)] / driving under the influence of alcohol, etc.; (b) 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); and (c) there are no separate sentencing guidelines for the crimes of violation of the Road Traffic Act (driving), and thus the processing standards

2. The elements of sentencing that are disadvantageous to the decision of sentence: The injury of the victim is minor, and the victim does not want to be punished, and the mistake is recognized and reflected. o other factors of sentencing under Article 51 of the Criminal Act are set as the order.

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