logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.04.01 2019고단8046
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for a term of one year and four 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

On June 27, 2013, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Western District Court for a violation of the Road Traffic Act. On September 25, 2019, the Defendant was sentenced to imprisonment with prison labor for an occupational breach of trust, etc. on September 25, 2019, and the judgment became final and conclusive on January 9, 2020.

The defendant is a person who is engaged in driving of the BM5 car.

On September 22, 2019, the Defendant driven the above vehicle while under the influence of 0.178% of alcohol level 0.50%, and turn it to the left from the bank of the “C Hospital” located in the front of the “C Hospital” district in Ansan-si, the Defendant left the left at the two-lanes of the two-lanes, and received the part on the right side of the Fsch Rexton car driven by the victim E (E, South, 49 years old) who was driving at the right side of the first lane due to the negligence that did not properly consider the traffic state, and received the part on the right side of the Defendant’s next left side.

In the end, the Defendant violated the prohibition of drinking alcohol driving more than twice, and was driving a motor vehicle in such a situation that it is difficult to drive the motor vehicle normally due to influence of drinking, and suffered injury to the victim, such as salt, tension, etc. of a trend that requires approximately three weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Papers of measurement records of drinking alcohol;

1. A medical certificate;

1. Previous records of judgment: Residents' inquiry and criminal records, investigation reports (verification of the same records as A of a suspect), summary orders, court rulings, investigation reports (verification of the progress of a case in a trial), search of bareboat cases, and application of Acts and subordinate statutes, such as court rulings;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes committed against the relevant criminal facts, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act (the point of a sound driving);

1. Selection of each sentence of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Discretionary mitigation Criminal Act;

arrow