logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2014.02.18 2013고단6610
특정범죄가중처벌등에관한법률위반(위험운전치사상)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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person engaging in driving a B LV car;

On November 2, 2013, at around 21:50, the Defendant driven the said car with a blood alcohol concentration of 0.228%, and led to a two-lane of the three-lanes in front of the Sambuururan apartment, which is located in the return emulci city, from the East Meapool Lease, to the fluorial fluorial fluor.

In such a case, a person engaged in driving service of a motor vehicle has a duty of care to prevent accidents, such as taking the front side well and accurately operating brakes, etc.

Nevertheless, the Defendant neglected to drive in a state where normal driving is difficult due to the above influence of drinking, and continued to drive it as it is, and the Defendant shocked the back part of the victim C(32 years old) who stops in the signal atmosphere at the front.

After all, the Defendant suffered injury to the above victim C and the victim E (V, 28 years old) who is the above victim due to occupational negligence, for three weeks of medical treatment.

2. On the same day as described in paragraph (1) of the Road Traffic Act, the Defendant was under the influence of alcohol of 0.228% of blood alcohol concentration on the same day, and the Defendant was driving approximately 50 meters from the roads front of the mutual infinite which were in the way of returning the said car at the time of emulculation to the two-lanes in the way of return of the said accident, which is the place of the said accident.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes of each written diagnosis;

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

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

1. Selection of each sentence of imprisonment;

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

arrow