logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 논산지원 2013.09.03 2013고단162
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

At around 23:50 on April 5, 2013, the Defendant, while driving a Dap car with a blood alcohol concentration of 0.176% and driving the Maririri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

The portion of the victim C (ma, 37 years old) driving, which was temporarily stopped in the signal atmosphere, was received as the front portion of the car driven by the defendant.

As a result, the Defendant suffered injury to the victim, such as cerebral alky, in detail, which requires treatment for about three weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police statement;

1. Application of each Act and subordinate statute to entries in the actual condition survey report, the actual status report on the driver, the report on the actual status of the driver, and the report on the medical examination for injury;

1. Relevant provisions of the Act on the Aggravated Punishment, etc. of Specific Crimes and the Selection of Punishment: Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving while driving a motor vehicle at risk) of the former part of Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Reasons for sentencing [However, the lowest limit shall be that of the punishment determined for the violation of the Road Traffic Act, and the maximum period of two crimes] under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act aggravated for concurrent crimes;

1. Scope of punishment: Six months to eleven years of imprisonment (the choice of imprisonment and the aggravation of concurrent crimes);

2. Basic area of sentencing criteria [Determination of types] Transport Crime Group, General Traffic Accident Type 1 (Bodily Injury resulting from Traffic Accidents): Imprisonment with prison labor for not more than four months from April to October: Driving under the influence of alcohol.

3. Determination of sentence: Imprisonment for 8 months; and

4. Whether or not a suspended sentence is suspended: Two years of a suspended sentence (the main reasons for such suspended sentence): The negative effects of a person not subject to punishment;

arrow