logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2013.04.03 2013고단351
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

The defendant is also a person who is engaged in driving a cargo vehicle B.

On December 26, 2012, the Defendant driven the said car with a blood alcohol concentration of 0.181% 0.1% around 22:54, while driving the said car, and driving the four-lanes of 570 prior to the Seoul Gwangjin-gu Seoul Special Metropolitan City Square at the seat of the 570-lanes from the view of the square, and driving it at approximately 30km at the speed of 1 lane depending on the one-lanes, the Defendant shocked the back portion of the victim C (5 years old) who was parked in the signal line from the front bank of the Defendant’s vehicle into the front left side of the Defendant’s vehicle.

After all, the Defendant driven the said car in a state where it is difficult to drive the car normally due to the influence of drinking such as walking, etc. while driving the car in a state where it is difficult to drive the car normally due to the influence of drinking, and suffered injury to the victim E (the victim E (the 33 years old), who is the passenger of the damaged taxi, for about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. E statements;

1. A report on traffic accidents and a report on actual condition;

1. A report on detection of a drinking driver and a report on the circumstances of a drinking driver;

1. Accidentd vehicles and photographs;

1. Application of each written diagnosis and written estimate under Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) Injury caused by dangerous driving: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes;

(b) point of a drunk driving: Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment provided for in the above Article 40 of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims who are more likely to violate the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be aggravated for concurrent crimes with the punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, which is heavier than that of the punishment: Provided, That the lowest

arrow