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(영문) 전주지방법원 2017.01.24 2016고단1758
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

Punishment of the crime

On September 13, 2016, the Defendant driven a B ampon vehicle with alcohol concentration of 0.187% in a state where normal driving is impossible due to blood alcohol level around 18:55, and proceeded two lanes in front of the 262 ampon engine displacement in front of the ampon city in the front city of Jeonju, by using two lanes in front of the ampon city of Jeonju. The Defendant was negligent in neglecting the duty of Jeonju, thereby incurring about two weeks in front of the amponal part of the ampon vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. A traffic accident report;

1. A report on the detection of a driver driving at the State, a report on the circumstances of the driver driving at the State, the appearance, uniform, language, and attitude of the driver driver;

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) 2 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. 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 of the Order to Attend Education [the scope of the recommended punishment] - In the case of driving, etc. (1 to August) in the mitigation area (1) / (1 to 8 months), in the case of a person subject to special aggravation / (1) a person subject to special aggravation / a person subject to special mitigation / the scope of sentence compared with the recommended sentence: June to 8 / [the sentence] from June to June / [the sentence] - the above special aggravated person (driving) : the above special aggravated person (driving) - the degree of alcohol level (0.187% in the blood alcohol level) - The normal circumstances favorable to the defendant - The above special mitigated person (a person subject to special mitigation / a person subject to special mitigation / a person subject to special mitigation / a person subject to punishment) / the comprehensive motor vehicle insurance.

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