logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 고양지원 2016.11.03 2016고단2641
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 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 a ASEAN car.

On August 6, 2016, at around 20:10, the Defendant driven the said car while under the influence of alcohol of 0.173 percent of blood alcohol concentration, and driven it at the speed of 0.173 percent, and proceeds from the front end of the 1st group of the Army, which is located at No. 1907-ro 26, Goyang-gu, Seoyangyang-gu, Yangyang-gu, Yangyang-gu, with two lanes from both sides of the water.

At the time, the victim C (the 45-year-old) driven by the victim C was a stop in the signal atmosphere, so in such a case, the defendant had a duty of care to safely drive the vehicle by checking the situation well.

Nevertheless, as long as the Defendant neglected the duty of an all-time watch while under the influence of alcohol to drive normally, the Defendant was negligent in neglecting the duty of an all-time watch, and received the back part of the rocketing car.

The Defendant, by these negligence, caused the above victims and victims E (V, 40 years of age) who were on board the rocketing car, to suffer from the injury of salt, tension, etc. of all the arche in need of treatment for about three weeks, and the injury of the victim F (5 years of age), G (0 years of age, 9 years of age) who was on board the rocketing car, and suffered from the injury of the tension and tension of all the arche in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents;

1. A report on detection of a host driver;

1. A written appraisal of blood alcohol;

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 committed under the corresponding provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of a drinking run);

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, 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. Article 62(1) of the Criminal Act:

arrow