logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.09.20 2016고단2438
도로교통법위반(음주운전)등
Text

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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 16, 2016, the Defendant, while under the influence of alcohol 0.240% in blood around 03:31 on July 16, 2016, was driving as a business of the BA-to-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur-pur

In such cases, a person who drives a motor vehicle as his/her duty is obliged to report the traffic situation on the front side and accurately manipulate the steering direction and brake system to prevent accidents in advance.

Nevertheless, under the influence of alcohol, the Defendant did not discover the E Cost Sheet that the victim D, who stops on the right side of the road due to negligence while neglecting his/her duty at the front time and did not discover the E Cost Sheet, which he/she was on board, and he/she received the part prior to the front of the car of the said AW Sheet Sheet.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of drinking, and suffered from the victim FF, who was on the part of the damaged vehicle, with approximately two weeks of light fluoral in need of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. Each written diagnosis;

1. Application of Acts and subordinate statutes to vehicle damaged and photographs at scene;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury or injury caused by a dangerous driving), 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 of the Commercial Competition;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 of the Criminal Act:

arrow