logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2019.11.26 2019고단663
특정범죄가중처벌등에관한법률위반(위험운전치사상)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a rocketing car.

On May 8, 2009, the Defendant driven the said car at around 21:29, and driven the road located in 189, Yongsan-dong 189 at the time of the Government, along with three lanes, from the 306 Supplementary Zone to the private prison.

At night, the Defendant was at night, and the Defendant was behind the DSS5 car driven by the victim C(the age of 25) prior to the same direction. In such a case, the Defendant had a duty of care to prevent accidents by thoroughly manipulating the steering gear, the steering gear, and the steering gear.

Nevertheless, the Defendant neglected to perform the above duty of care under the influence of alcohol concentration of 0.248% while normal operation is difficult due to the influence of alcohol level 0.248%, and caused the lower part of the said SM5 car to be the front part of the said SM5 car.

Ultimately, the Defendant driven the said car in a state where it is difficult to drive the car normally due to influence of alcohol, and suffered injury to the victim E (V, 25 years of age) who was on board the damaged vehicle for about three weeks, such as catum salt, which requires treatment for about two weeks, respectively.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C's statement on the occurrence of traffic accidents;

1. A traffic accident actual condition survey report and a traffic accident occurrence report;

1. A medical certificate;

1. Application of Acts and subordinate statutes on site photographs of traffic accidents;

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 10210, Mar. 31, 2010) as to the crime under the corresponding provision of the relevant Act

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Taking into account the same criminal record of the defendant, the failure to recover damage, the victim's intent to punish him/her, and other various sentencing conditions for the reason of sentencing selective punishment;

arrow