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(영문) 청주지방법원 2018.02.01 2017고단2022
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten 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. Around 2 weeks of medical treatment suffered injury, such as knee knee knee knee knee knee knee knee knee knee knee hnee hnee hne (n, 64 years of age), and injury to the victim H (hereinafter the Defendant’s hnee hnee hne), which requires medical treatment for about

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. To forward a report on the actual traffic accident, a report on the occurrence of a traffic accident, a notification on the results of crackdown on drinking driving, a response to a request for appraisal, and a traffic accident

1. On-site photographs;

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

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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 sentencing guidelines are set only for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Driving Motor Vehicles) in the basic area (4 months to 1 year) (including special mitigation) / In the case of driving, etc. under the influence of alcohol, etc. / The sentencing guidelines are set for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Driving Motor Vehicles). There are no separate sentencing guidelines for the crimes of violation of the Road Traffic Act (driving Motor Vehicle). Thus, the majority of the sentencing guidelines are not drawn.

2. The elements of sentencing that are disadvantageous to the decision of sentence: The victims of the accident are able to commit the central line under the influence of alcohol, and the nature of the crime and the degree of injury of the victims are very pleasure. The factors of sentencing in the field of o: agreement with the victims; recognition of the mistake and reflects against the Defendant. There are no criminal records against the Defendant. In full view of the sentencing conditions under Article 51 of the Criminal Act, the sentence should be determined as ordered.

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