logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2016.08.23 2016고단759
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 30, 2016, the Defendant: (a) driven a B SP car while under the influence of alcohol leveling 0.297% in a section of approximately 50 meters in the blood market during the period of Ansan-si around 00:20 on April 30, 2016; (b) the Defendant driven a B SP car while under the influence of alcohol leveling about 0.297% in each market.

2. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by danger), while driving a BS-type car under the influence of alcohol level of 0.297% at the front of the center in the city of Pyeongtaek-dong agricultural and fishery products in front of the center in each market, the Defendant shocked the victim C (18 years old) and the victim D (34 years old) who was driven by the Defendant on the left side of the vehicle operated by the Defendant.

As a result, the Defendant driving a motor vehicle in a state where it is difficult to drive the motor vehicle normally due to the influence of drinking, and suffered from the victim C such as a knee's knee and a knee's knee's knee that needs to be treated for about four weeks.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. A written statement of the occurrence of each traffic accident under D or C;

1. Application of the Acts and subordinate statutes related to each written diagnosis, estimate, and case-related photograph;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime, Article 148-2 of the Road Traffic Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, and Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Selection of Punishment, etc.

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures [the scope of recommendations according to sentencing guidelines] - One type of general traffic accident (the injury caused by traffic accidents) - the basic area (four months to one year) - Special mitigation (the injury caused by traffic accidents): Two crimes in cases of driving alcohol, etc. (including serious efforts to recover damage) - One type of general traffic accident.

arrow