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(영문) 청주지방법원 2014.08.25 2014고단768
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Attached Form

The same shall apply to the facts charged.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. Reports on the occurrence of traffic accidents, reports on actual condition, reports on the results of the control of drinking driving, and reports on the state of drinking drivers;

1. Each written diagnosis;

1. Photographs;

1. Previous records: Criminal records, inquiry reports, investigation reports (verification of criminal records, etc. of the same kind as a suspect A), and application of each summary order Acts and subordinate statutes;

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

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

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (within the scope of adding up the long-term punishment of the crimes under the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury resulting from Dangerous Driving which are heavier than the punishment) shall be based on the concurrent crimes among concurrent crimes; and

【】

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as "the reason for sentencing") is that the defendant committed a crime of violation of the Road Traffic Act before and after a fine due to the crime of violation of the Road Traffic Act was three times, and the defendant also committed a traffic accident while driving a cargo under the influence of alcohol without any reflection, and the two victims suffered injury. The nature and circumstances of the crime are heavy.

However, in light of the favorable circumstances, such as the fact that the defendant reflects the defendant's wrong, the injury suffered by the victims is relatively not severe, the victims are subscribed to a comprehensive automobile insurance, and the victims do not want the punishment of the defendant, and the conditions of various sentencing, such as age, character and behavior, occupation, family relationship, financial status, etc. of the defendant, the punishment shall be determined as ordered and the execution of the above punishment shall be suspended.

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