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(영문) 전주지방법원 정읍지원 2019.03.28 2018고단561
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

. Until now, the above vehicle was driven at approximately 500 meters section.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of victim E;

1. A statement of the victim G;

1. The application of Acts and subordinate statutes, including the investigation report on the actual condition of a traffic accident, and the investigation report on the actual condition of a driver (applicable to a report on the actual condition of a driver) in the ledger using the boomer of a vehicle subject to on-site photograph photograph photographic photographic photographic photographic d

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the lowest of the punishment shall be determined by the penalty determined for the violation of the Road Traffic Act, within the scope of the sum of the long-term punishments specified for each crime];

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Reviewing the sentencing criteria [Scope of Recommendation] General Traffic Accidents of Type 1 (Bodily Injury resulting from Traffic Accidents) (Special Mitigation) in the basic area (4-1-year) (Special Mitigation). In the event of minor injury, * in the case of non-criminal penalty / drunk driving, etc. * in the case of driving under the influence of alcohol, etc., the sentencing criteria are set only for some crimes, and referring to

2. Determination of the sentence as ordered by taking into account the circumstances following the determination of sentence and other conditions of sentencing recorded in the records.

It is not good that the defendant caused a traffic accident while driving alcohol while driving alcohol. The high volume of the blood alcohol content of the defendant's blood alcohol level, the victim's injury is minor, the vehicle involved in the accident is covered by a comprehensive insurance, and the victims have agreed to compensate for damages separately.

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