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(영문) 부산지방법원 2018.05.01 2018고단58
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

A. Around two weeks of medical treatment to the victim K, the victim suffered injury, such as salt paneries and tensions, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of I, E, G, and J;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A traffic accident report;

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 (1) 1 and 44 (1) of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which punishment is heavier (the lowest shall apply thereto within the scope of the sum of the long-term punishments of two crimes specified in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is set forth in the crime of violating the Road Traffic Act;

1. Articles 53 and 55(1)3 of the Criminal Act (the following conditions considered in favor of sentencing) of the mitigated amount;

1. Article 62(1) of the Criminal Act on the stay of execution (The following extenuating circumstances are considered in favor of the sentencing in mind):

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes [the scope of the recommended punishment] of the scope of the recommended punishment according to the sentencing guidelines for general traffic accidents in the area of increase (eight months to two years) (in the case of drinking, etc., specially aggravated) in the area of increase (eight months to two years), * Violation of the Road Traffic Act (driving of alcohol) shall be set forth in the sentencing guidelines;

2. Circumstances disadvantageous to the determination of sentence: The two times of the same criminal history, the alcohol concentration in the blood is high, and the circumstances favorable to the occurrence of the accident are reflected: the two times of the fine for driving and the fact that there are no other criminal records other than the two times of the fine for driving, the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, and all of the sentencing conditions, such as the circumstances after the crime, are considered.

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