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(영문) 청주지방법원 2018.01.18 2017고단2109
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

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

A. In the same occupational negligence, the above victim suffered injury, such as light fluoral salt, which requires approximately two weeks of treatment.

2. Defendant 1 driving a motor vehicle under the influence of alcohol on the road traffic law (drinking) at the section of about 5 km from the Defendant’s leakage or house located in the petition-gu, Cheongju-si to the place prescribed in the above paragraph at the time of the foregoing paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report on the occurrence of a traffic accident, a survey report on actual condition and a statement on the circumstances of the driver concerned;

1. An accident scene photograph;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and each choice of imprisonment with prison labor;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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

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. Elements of sentencing that are disadvantageous to the decision of sentence: An accident that makes a judgment by drinking, repeated drinking, even though the past record of being sentenced to a fine due to drinking driving has been twice.

(n) Fluent sentencing factors: agreement with the victim. A comprehensive insurance policy is recognized and reflects the error. o other factors for sentencing under Article 51 of the Criminal Act are determined as ordered by taking into account the sentencing conditions.

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