logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.06.13 2014고단433
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

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) and Violation of the Road Traffic Act (driving on December 21, 2013), the Defendant was under the influence of alcohol by 00:05, and the Defendant was under the influence of alcohol and was under the influence of driving a Dppher vehicle while driving the Dpher vehicle at the northwest Line, which is a motorway in Seongbuk-gu Seoul, Seoul, and was under the influence of alcohol, and the Defendant was under the front part of the latter part of the F UFcccoo vehicle driven by E, which was driven by the victim E, who was under the front part of the latter part of the F UFcoo vehicle that was driven by the lower part of the Defendant.

As a result, the Defendant suffered injury to the victim, such as salt dump, tensions, etc. in need of treatment for about three weeks.

2. The Defendant violated the Road Traffic Act at the above date, time, and place, thereby damaging the victim’s vehicle to take approximately KRW 662,970 for repair costs.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act driving the said spectrum, which was not covered by mandatory insurance, as above.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Reports (1), (2) on traffic accidents;

1. Mandatory insurance policies;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of Acts and subordinate statutes to a written diagnosis and estimate;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

1. Articles 40 and 50 of the Commercial Competition Act;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Social service order under the Criminal Act;

arrow