logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2014.12.04 2014고단2778
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

1. On August 21, 2014, the Defendant was under the influence of alcohol content of 0.210% between around 17:45 and 18:00 of the same day, the Defendant driven a B B B B B-type vehicle at the 3km section of approximately 34 meters from the former Gangnam-gu road to around 360, Seongdong-gu, Seoul, Seongdong-gu, Seoul.

2. On August 18, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven the said car on a condition that it is impossible for the Defendant to drive the said car and drive the said car at a speed of about 30 km from five lanes to five lanes in speed, which is the speed of about 30 km, among the five-lane roads, from the surface of the Seongdong-gu Seoul Metropolitan Government river basin, from the surface of the Seongdong River basin to the territorial intersection.

Nevertheless, the Defendant, while driving a vehicle under the above conditions, driven by the victim C(the age of 41) who driven along the access road to the Young River at the front section of the Defendant, led the part of the Defendant to the front section of the passenger car in front of the Defendant’s front section.

As a result, the Defendant driven a vehicle in a state where normal driving is difficult due to influence of drinking, and suffered injury, such as salt dump, tension, etc., for about two weeks in need of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Traffic accident report, report on the circumstantial statement of a drinking driver, report on detection of a drinking driver, records of the drinking alcohol measurement, and photographs;

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

1. Articles 148-2 (2) 1 and 44 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes committed through Article 5-11 of the same Act concerning the crime;

1. Selection of each sentence of imprisonment;

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 of the Criminal Act:

arrow