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(영문) 청주지방법원 2018.08.23 2017고단2358
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

. Part was received.

Ultimately, the Defendant driven the said marina car in a situation where it is difficult to drive the car normally due to the influence of drinking, and caused the said victim to suffer injury, such as a multi-lock, which requires medical treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A report on the actual condition of a traffic accident and the occurrence of a traffic accident;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. On-site photographs;

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

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, and Article 148-2 (2) 1 and 44 of the Road Traffic Act concerning the punishment of the crime, the choice of imprisonment for each sentence;

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 suspended execution;

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

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] shall be the basic area (4 months to 1 years) (including special mitigation) / In the case of driving, etc. under the influence of alcohol (including serious efforts to recover damage) / The sentencing guidelines are set only for the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury caused by dangerous driving). The sentencing guidelines are set for the crimes of violation of the Road Traffic Act (driving driving). There are no separate sentencing guidelines for the crimes of violation of the Road Traffic Act, and the processing standards for multiple crimes are not drawn;

2. Elements of sentencing that are disadvantageous to the decision-making of sentence: The nature of the crime and the synance of the offender by taking an accident that is being driven under the influence of alcohol, and the synance of the offender. The synance of drinking is very high. The synance of the victim by taking an accident into account the previous conviction of a fine

b. O favorable sentencing factors: The degree of injury of the victim is not much serious. It is not clear that the victim is not punished. Recognizing errors and reflects the sentencing conditions of Article 51 of the Criminal Act.

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