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Reasons
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(영문) 전주지방법원 2015.06.02 2015고단33
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
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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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 24, 2014, at least 01:30, the Defendant: (a) driven Dwork Hastnbrid car with a blood alcohol concentration of 0.203% while normal operation is difficult; (b) driven Dwork Hastch Hashed Hashed Hashed Hashed 257, a two-lane Ethn Hashed Hashed Hashed Hashed Hashed Hashed Hashed Hashed Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had Had k.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A traffic accident report, on-site evidence photographs, and on-site report on the occurrence of a traffic accident;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Report as to whether to drive a motor vehicle at risk, and the result of the uniform language attitude of a drinking driver;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act concerning the crime (the point of driving a sound driving);

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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing in Article 62-2 of the Criminal Act [Scope of Recommendation] of the General Traffic Accidents Act (Bodily Injury caused by traffic accidents) is mitigated area (one to six months).

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