logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.11.18 2020고단1083
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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 drives a B B B B B B B B B B car.

At around 12:30 on January 13, 2020, the Defendant driven the said vehicle under the influence of alcohol content of 0.162% in front of the Defendant’s vehicle and proceeded to a school-dong park in the vicinity of the Seoul Gangnam-gu community service center at the port of 1st century. As such, the Defendant was negligent in driving the said vehicle under the influence of alcohol, while driving the said vehicle at the intersection, while driving the vehicle at the intersection, and driving the vehicle at the intersection, and driving the vehicle at the point of active duty, without looking at the front line, while driving the said vehicle at the point of view. From the point of active duty distance, the Defendant received the victim’s upper right side of the E-5 taxi of the victim D(58 years old), which was normally proceeding in front of the left side of the Defendant’s vehicle, and suffered injury to the said victim, such as the injury to the victim (54 years old, 54 years old, 26 years old, 23 years old, etc.).

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Notification of a record of pulmonology and the control of drinking driving;

1. Each written diagnosis;

1. Application of the Acts and subordinate statutes governing black booms and video CDs for damaged vehicles;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Articles 148-2 (3) 1 and 44(1) of the Road Traffic Act concerning the crime;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

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. The fact that there is no agreement with the victims of reasons for sentencing under Article 62(1) of the Criminal Act is disadvantageous to the defendant.

However, there are no criminal records and no history of traffic offense, and through insurance companies.

arrow