logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2013.09.26 2013고단1601
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for six 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 18, 2013, at around 19:40, the Defendant: (a) driven a Chand-in car in a state of difficulty in normal driving due to the influence of alcohol 0.301% of blood alcohol concentration; and (b) driven by the victim D (Nam, 39 years old) who driven the center line and proceeded in the opposite lane while driving a two-lane of the Chand-in car in the shape of a water-saving room in Gwangju City, the Defendant sustained the injury of the victim, such as light salt which requires two-day medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement on the occurrence of traffic accidents;

1. A written appraisal of blood alcohol;

1. Statement on the circumstantial statement of the employee;

1. A traffic accident report and a report on the occurrence of a traffic accident;

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

1. Article 5-11 of the Act on the Punishment, etc. of Specific Crimes Aggravated Punishment, Etc., Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act and the choice of imprisonment for a crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. In the sentencing of Article 62-2 of the Criminal Act of the Social Service Order, driving at 0.301% of the blood alcohol concentration for the reason of sentencing under Article 62-2 of the Criminal Act, which is highly dangerous as an accident of collision between the central line and the opposite vehicle and the opposite vehicle. However, the previous department only was punished by a fine on one occasion due to a violation of the Road Traffic Act in 2004, and it was covered by a comprehensive insurance, and deposited one million won for the victim.

In consideration of all these points, the same type as the order shall be determined.

arrow