beta
(영문) 광주지방법원 목포지원 2019.05.17 2018고단1227

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving vehicles B for K3.

Around 14:05 on November 15, 2018, the Defendant: (a) caused the injury of the D funeral hall front of the DD funeral hall located in Heposi C, in a situation where normal driving is difficult due to the alcohol concentration of 0.321% while driving the said vehicle from the direction E to Heposi, thereby failing to accurately operate the steering direction and brake devices; (b) caused the part of the back part of the G high-speed passenger vehicle running in the front of the Defendant’s vehicle, which was driven by the Victim F, in the front direction, while driving the said vehicle in the direction of Heposi; and (c) caused the damage to the said victim, which requires approximately two weeks of treatment; and (d) at the same time, the Defendant destroyed the 1,031,651,655 won, such as the repair cost of the said vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. AF statement;

1. A report on the occurrence of a traffic accident, a report on actual condition investigation, and on-site photographs;

1. Notification of the results of crackdown on driving under drinking, report on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and report on the circumstances of dangerous driving;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-11 (a) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act; Article 151 of the Road Traffic Act, which applies to the relevant criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The defendant's age, character and conduct, environment, and crime committed in addition to the following circumstances for sentencing in Article 62-2 of the Criminal Act.