beta
(영문) 서울중앙지방법원 2019.09.27 2019고단5418

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a car by hosting B.

On July 27, 2019, the Defendant driven the above vehicle while under the influence of alcohol at 00:30% of alcohol concentration 0.197%, and received the back portion of the Eland of the Egystsch Rexroth, which was driven by the victim D (Nam, 46 years old) who was stopped in the atmosphere of signal at the front line due to the negligence of failing to properly operate the steering direction and steering system in the front line, while driving the front road of Gwanak-gu in Seoul Special Metropolitan City along two lanes from the new pest control room to the aerogate distance.

Ultimately, the Defendant driving a motor vehicle under the influence of alcohol, as seen above, sustained injury to the victim, such as salt pans, tensions, etc. in need of medical treatment for about two weeks, and suffered injury to the victim F, who was on board the Grandroth Co., Ltd. (ma, 38 years old), such as climatic salt, etc., for which the treatment period cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

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

1. A report on the actual state of the driver;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to a report on investigation (No. 12 of the evidence list);

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 148-2 (3) 2 of the Road Traffic Act (a point of driving while driving a motor vehicle);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (mutual crimes against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes)

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes within the scope of adding up the long-term punishment of two crimes prescribed in the Act on the Aggravated Punishment, etc. of Specific Crimes with heavy punishment);

1. Article 62 (1) of the Criminal Act;

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