logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.05.11 2016고단903
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 31, 2011, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) in support of Sungnam branch of Suwon branch, and a summary order of KRW 6 million for the same crime in the same court on March 24, 2014, respectively.

On January 27, 2016, the Defendant was under the influence of alcohol content of 0.131% during blood transfusions, without obtaining a driver’s license, and the Defendant was driving C Lasta car, which is located in the Gangnam-gu Seoul Metropolitan Government Newdong, with four-lane roads from the south of the bankruptcy distance to the south of the ebscopian.

At the same time, the said five-lane road was driven by the E QM5 passenger cars driven by the victim D(46 tax). However, the Defendant was under the influence of alcohol, and the Defendant changed the lanes to five-lanes as it did not properly look at the right side and later, but was given the front left side of the said QM5 passenger car.

Ultimately, the Defendant, while driving a motor vehicle in a situation where normal driving is difficult due to the influence of alcohol, suffered bodily injury, such as fluoral salt, which requires approximately two weeks of medical treatment, from the victim F (46 years, female) who was the passenger of the victim D and the above QM5 passenger.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and F;

1. A traffic accident report, a traffic accident occurrence report, a statement on the circumstances of the driver at home, and a report on the detection of the driver at home;

1. The driver's license ledger and each medical certificate;

1. Previous convictions in judgment: The application of inquiry statements, investigation reports, and Acts and subordinate statutes;

1. The former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by dangerous driving), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the crime, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the traffic of roads;

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

arrow