logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 부천지원 2016.01.29 2015고단3271
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 11, 2015, the Defendant suffered from the injury to the victim D, i.e., the part of the neck and the tension that require approximately two weeks of treatment to the victim D, while driving the CK7 car from the ambagu, Nowon-gu, Nowon-gu, Nowon-gu, Seoul, in a state where normal driving is difficult, such as 0.17 percent alcohol level during blood transfusion and 01:10 percent, while driving the CK7 car from the ambastm, the Defendant suffered from the injury to the victim F, who is the passenger of the taxi, such as the ambast and the bones of the bones, which requires approximately eight weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A traffic accident investigation report and a traffic accident occurrence report;

1. Notification of the results of crackdown on driving under drinking, inquiry of the results of crackdown on driving under drinking, and a circumstantial report of the driver under driving under drinking;

1. An accident scene photograph;

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

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

1. Articles 40 and 50 of the Criminal Act among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (only between the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the death or injury before

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes with the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes, the punishment of which is heavier (within the scope of the sum of the long-term punishments of each of the above crimes) and the aggravated punishment of concurrent crimes: Provided, That the lowest sentence of the punishment shall be determined by the punishment determined for the crimes of violation of Road Traffic Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

1. The reasons for sentencing under Article 62-2 of the Criminal Act for the order to attend a lecture and the order to provide community service are considered as follows. It is so decided as per Disposition.

- Unfavorable circumstances: The case is while driving in a state of drinking.

arrow