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Wysłany: Pon 2:26, 28 Mar 2011 Temat postu: burberry canvas Objective of the punishment condit |
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Objective condition of punishment
Court decisions (criminal set 57, No. l0 1043) in the purport of this crime is determined on the basis of penalties committed willfully, determine the There may not be the continuing state of knowledge of parking. It follows that,[link widoczny dla zalogowanych], where the to 6O km) speed, to section 118 of the Act, paragraph 1, item 1 (intentional offender) and Article 11, paragraph 2 (fault committed) penalties. The crime of intentionally or negligently, only to speed this point, from the provisions of 118 were committed willfully and negligently commit point of view, paragraph 1, item 1, the crime requires the existence of more than 60 kilometers per hour awareness, Part 2 requirements of this paragraph there is awareness of the possibility of sin. Thus also be interpreted as, Secondly, the that Taking into account the type of land would hinder safe driving, which provides the alcohol concentration, which should belong to the type of the constituent elements as the offense ④. On the contrary, a strong view that the value contained in within the intentional object is not appropriate under the decree should be understood as an objective alcohol punishment conditions ⑤. However, the penalty will be designated illegal behavior can be understood as the fact that the objective of the punishment condition,[link widoczny dla zalogowanych], this is not appropriate. To the intentional conduct is concerned, the driving school have been trained for the driver, should know that if a certain amount of wine drinking, blood alcohol concentration will exceed 0.3 mg, there may not be required this is not intentional unrealistic, rather,[link widoczny dla zalogowanych], from the values set with the technical, specialized nature, also possible to do this interpretation: even if there is no awareness of the value itself, as long as equivalent to the value of the In contrast, according to the blood alcohol concentration in terms understood as an objective view of punishment, even for this alcohol concentration of 0.3 mg or below, the existence of this crime can still be found willful, this conclusion is appropriate, it is questionable. Editor: Shao Donghua ① There are arguments that the punishment of objective conditions The existence of fault (see Lam Kin-man: However, the point of view the relationship with the users, the age requirement for this classification to the objective condition of punishment, but with that of its constituent elements are essentially no different elements of the view. ② see Matsubara Fang Bo: Memorial Traffic modern criminal law issues ③ On the contrary, there are views to more than 8 hours continuous parking understood as punishment conditions that do not need to know this exists. See Junichi Yoshida: ④ see Mitsuo Okano: ⑤ see Bo Jingkang husband: the crime of intentionally driving carrying alcohol, ⑥ However,[link widoczny dla zalogowanych], if . 20
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