logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.01.21 2018고단7876
특정범죄가중처벌등에관한법률위반(위험운전치상)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

The Defendant is a person who is engaged in driving of the vehicle B between Q90 and Q90.

On August 21, 2018, the Defendant driven the above vehicle while under the influence of alcohol of 0.195 percent of blood alcohol concentration at around 06:10, and was negligent in operating the steering gear at the same two-lanes of the victim C (Nam, 45 years old) driving along the two-lanes of the same room as the result of the failure to operate the steering gear properly while driving it along the Olympic Games located in 29-gil-ro 71, Gangnam-gu Seoul Metropolitan Government, along the pressure-based 29-ro 71.

Ultimately, in a situation where normal driving is difficult due to the influence of drinking, such as in-depth, unfluoring, walking, etc., the Defendant driving of the said motor vehicle, resulting in an injury to the part requiring medical treatment for the victim for a week, and even if the said franchising motor vehicle is damaged to a repair cost of approximately KRW 147,810, the Defendant did not immediately stop and check the damage and take necessary measures at the time of the occurrence of the traffic accident.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A traffic accident report (1), (2);

1. Report on internal investigation (to ascertain the jurisdiction of a victim's telephone conversations and case);

1. An accident site photograph;

1. Records and photographs of the measurement of drinking;

1. A medical certificate;

1. Application of Acts and subordinate statutes to the specifications for the delivery and payment of automobile parts, and automobile maintenance;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15981, Dec. 18, 2018); Articles 148 and 54 (1) of the Road Traffic Act; Articles 148 and 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning the crime;

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

arrow