beta
(영문) 인천지방법원 2013.09.30 2013고단4226

특정범죄가중처벌등에관한법률위반(위험운전치사상)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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On August 1, 2008, the Defendant issued a summary order of KRW 1 million at the Incheon District Court for a crime of violation of the Road Traffic Act. On March 23, 2009, the Incheon District Court issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act.

【Criminal Facts of Crimes, the Defendant, despite the aforementioned two-time driving history, was driven on July 8, 2013 at around 21:45, when he was under the influence of normal driving of the 938-1 street, Nam-gu, Incheon, Nam-gu, Incheon, under the influence of alcohol level of 0.142%, and driven DK5 automobiles at three-lanes from the hub department store room to the 4-lane distance off the tin-distance, while driving the 51-lane car in the atmosphere of the victim E (51-year) who stops at the signal signal at the front line of the Defendant’s vehicle, and caused the above victim to receive the H bus that is being driven by G while being pushed in the front line of the said vehicle, thereby causing the above victim’s injury, such as salt, tension, etc. in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs (16 pages for investigation records);

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of sound driving and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act (The following factors for sentencing have been repeatedly taken into consideration for the defendant);

1. The grounds for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are as follows. The defendant's injury is inflicted on the victim while driving in a drinking state.