logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.01.13 2020고단4860
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who drives a vehicle B with a DNA driving.

On June 4, 2020, while under the influence of alcohol content 0.133% during blood, the Defendant driven the said vehicle as a business and proceeded to the right-hand turn from the west 762-ro of Gangnam-gu Seoul, Seoul to the Cheonggu Office distance, the Defendant was negligent in the left-hand turn to the right-hand turn-hand turn from the Cheonggu office distance in violation of the new subparagraph, and the driving of the victim C (the South, 39 years old) driving, which was proceeding from the edge of the bankruptcy shooting distance to the Cheonggu Office distance, caused the Defendant’s injury, such as fluoral dco, which requires the Defendant’s three-day medical treatment.

As a result, the Defendant was driving a motor vehicle in a situation where normal driving is difficult due to the influence of drinking, thereby causing the injury to the victim, and violated the prohibition of drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Place as a result of drinking;

1. Blucing video c.

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant Article 5-11 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (3) 2 and 44-2 (1) of the Road Traffic Act, the selection of fines concerning criminal facts, and the selection of fines;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. The fact that there is no previous conviction in sentencing under Articles 70(1) and 69(2) of the Criminal Act, the victim does not want the punishment by mutual consent with the victim, the degree of accident and damage is not significant, the defendant seems to need social consideration rather than severe punishment as an early old age of 22, and he would not drive a vehicle again, such as disposing of vehicles.

The punishment shall be determined as per the disposition in consideration of the fact that the crime of this case is led to the confession and the depth of the crime of this case.

arrow