(영문) 수원지방법원 2017.11.15 2017고단5956

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2017.11.15 2017고단5956

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 3, 2017, the Defendant driven the said vehicle under the influence of alcohol content of 0.218% from blood on September 15, 2017 by a person who is engaged in driving a cub car B, and had the victim C (58 years old) and C (56 years old) of the victim C (58 years old) who was driving a cub car driving on the said vehicle and was driving the said vehicle on the front side of the cubic cubic cubic cuble in the front side of the cubic cubic cubic cubic cubic cuble in the front side of the cubic cubic cubic cubic cub cub cub cub cub cub cub cub cub cub cel cel cel cel cel cel cel cel for three weeks.

Accordingly, the Defendant, as seen above, driven a drinking, and driven a motor vehicle while it is difficult to drive it normally due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Statement by the defendant in court;

1. Traffic accident reports, related photographs, statement reports on the situation of the driver in charge, and application of the relevant Acts and subordinate statutes to the medical certificate;

1. Article 5-11 (Aggravated Punishment, etc. of Specific Crimes) of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions 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;

1. Articles 40 and 50 of the Criminal Act concerning the ordinary concurrent crimes (a punishment provided for the crimes against the Punishment of Specific Crimes A with heavier punishment concerning the crimes of violation of the Punishment of Specific Crimes (Bodily Injury resulting from Driving of Danger) shall be imposed);

1. Selection of each sentence of imprisonment;

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. Suspension of the execution of sentence Article 62(1) of the Criminal Act (the favorable circumstances of the reasons for sentencing) is unfavorable to the reasons for sentencing - driving under the influence of alcohol and occurrence of accidents resulting therefrom. - No particular circumstances that make efforts to recover the victims’ damage do not appear. - The alcohol concentration in the blood transfusion of the Defendant exceeds the upper limit of the punishment of alcohol.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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