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(영문) 전주지방법원 2017.02.14 2016고단2150
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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 6, 2016, the Defendant driven a BSP car with alcohol content of 0.133% in a state where normal driving is impossible due to the influence of alcohol during blood at around 00:45, the Defendant: (a) was under the influence of alcohol; (b) was under the influence of the Defendant, and (c) was under the influence of driving the BSP car at around 107,000,000 in front of 50,000,000,000 in front of 502,00,000,000,000: (d) was under the influence of the Defendant’s vehicle; (d) was under the influence of the Defendant’s vehicle; and (d) was under the influence of the Defendant’s vehicle; (d) was under the influence of the Defendant’s vehicle, and (e) was under the influence of the Defendant’s vehicle, and was under the influence of the Defendant’s vehicle to take the Defendant’s treatment for approximately 3 weeks in front and following the instant taxi.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement of E and F;

1. Reports on traffic accidents, and reports on the occurrence of traffic accidents;

1. A report on the detection of a driver driving a drinking driver, the appearance, uniforms, language, the result of attitude, the report on the circumstances of the driver driving a drinking, the report on whether he/she is in danger, and the ledger of the user of a drinking gauge;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to vehicles and field photographs;

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 and 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 Competition;

1. Selection of each sentence of imprisonment;

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. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered in favor of the defendant among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - The defendant is not eligible for sentencing guidelines since an ordinary concurrent relationship is established between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving) in the judgment.

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