logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.11.28 2013고단5836
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

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

except that 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

The defendant is a person driving a NAS car.

On August 13, 2013, the Defendant driven the said car with a blood alcohol concentration of 0.213% 0.213% while under the influence of alcohol around 20:54 on August 13, 2013, and driven the salt field distance of 932 salt field located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, along a two-lane radius from the surface of the East Chuncheon distance.

At the time, the Defendant had a significant decline in the ability to normally determine surrounding traffic conditions, etc. under the influence of alcohol, and thus, the Defendant was unable to operate the operation of the operation of the operation system at the time of the Fstunama car of the victim E (Seoul, 37 years old) who was stopped in accordance with the new subparagraph before the same lane, and was found late. Therefore, the Defendant was faced with the front part of the passenger car driven by the victim, which was driven by the Defendant for about two weeks, resulting in a faton zone where the victim needs to be treated for about two weeks.

As a result, the defendant was driving a motor vehicle in a situation where normal driving is difficult due to influence of drinking, thereby causing the injury of people.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. The actual condition survey report;

1. A report on detection of a host driver and a circumstantial statement;

1. Application of Acts and subordinate statutes of a medical certificate;

1. The point of causing bodily injury to a dangerous driving under the relevant criminal facts: Article 5-11 (Selection of Imprisonment) of the Act on the Aggravated Punishment, etc. of Specific Crimes: Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act (Selection of Imprisonment);

1. Of concurrent crimes, the punishment under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes. Article 50 (Aggravated Punishment, etc. of Specific Crimes, the punishment shall be aggravated within the scope of the aggregated term of the punishment stipulated in the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, whichever is heavier,

1. The fact that there are no criminal records of the same kind since 1999 of the Criminal Act for discretionary mitigation and the fact that an automobile comprehensive insurance policy is purchased without weighting injury of the victims; and

arrow